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UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 


SCHOOL  OF  LAW 
LIBRARY 


Cd/iforr^'B.     (^^fitufioiA 


SUPPLEMENT 


TO 


TREADWELL'S 


CONSTITUTION  OF  CALIFOENIA 


Containing   Citations   prom  Volumes    133  to  143  of 

California    Reports,    and    Amendments 

Adopted  November  4,  1902,  and 

November    8,    1904 


SAN    FRANCISCO 
BANCROFT-WHITNEY    COMPANY 

Law  PuBLisuE.is  and  Law  Booksellers 
1905 


^ 


6 


SUPPLEMENT  TO   TREADWELL'S  CON- 
STITUTION  OF   CALIFORNIA. 


Article  I,  Section  1. 

An  act  making  it  nnlawfxil  to  buy  or  sell  quail  is 
not  in  violation  of  this  section.  (Ex  parte  Kenneke, 
136  Cal.   527,  69   Pac.   261.) 

A  statute  declaring  that  all  contracts  for  the  con- 
struction of  buildings,  with  certain  exceptions,  must 
provide  for  the  payment  of  the  contract  price  in 
money,  is  in  violation  of  this  section,  (Stimson  M. 
Co.  V.  Braun,  136  Gal.  122,  €8  Pac.  481.) 

The  right  of  property  antedates  all  constitutions. 
This  right  is  invaded  if  the  owner  is  not  at  liberty 
to  contract  with  others  respecting  the  use  to  which  he 
may  subject  his  property,  or  the  manner  in  which  he 
may  enjoy  it.  (Stimson  M.  Co.  v.  Braun,  136  Cal. 
122,  68  Pac.  481.) 

Article  I,  Section  5. 

The  writ  of  habeas  corpus  will  not  issue  when  the 
restraint  is  not  real,  but  merely  nominal  and  permis- 
sive.    (In  re  Gow,  139  Cal.  242.) 

Article  I,  Section  7. 

Section  1192  of  the  Penal  Code,  conferring  upon 
the  court  the  power  to  determine  the  degree  of  a 
crime  upon  a  plea  of  guilty,  is  not  unconstitutional 
as  infringing  upon  the  right  of  trial  by  jury.  (Peo- 
ple v.  Chen  Lan  Ong,  141  Cal.  550.) 

The  power  of  the  court  to  grant  a  new  trial  for 
insufficiency  of  the  evidence,  or  for  excessive  dam- 
ages, does  not  violate  the  right  of  trial  by  jury. 
(Ingraham  v.  Weidler,  139  Cal.  588.) 

Article  I,  Section  9. 

It  is  proper  for  the  court  to  inform  the  jury  as  to 
the  rules  of  evidence,  and  the  law  applicable  to  the 
(3) 


4  SUPPLEirENT    TO 

case,  and  to  tell  them  that  they  should  go  contrary 
to  the  instmetions  of  the  court  only  when  they  have 
a  deep  and  confident  conviction  that  the  court  is 
■nrong,  and  that  they  are  right.  (People  v.  Seeley, 
139  Cal.  118.) 

Article  I,  Section  11. 

A  statute  providing  that  all  county  printing  must 
be  let  to  persons  who  have  been  established  in  busi- 
ness in  the  county  for  more  than  one  year  is  in  vio- 
lation of  this  provision.  (Van  Harlingen  v.  Dovle, 
134  Cal.  53,  66  Pac.  44.) 

*  An  act  making  it  unlawful  to  buy  or  sell  quail  is 
not  in  violation  of  this  section.  (Ex  parte  Kenneke, 
1S6  Cal.  527,  69  Pac.  261.) 

The  case  of  Abeel  v.  Clark,  84  Cal.  226,  approved 
as  to  the  constitutionality  of  an  "act  to  encourage 
and  provide  for  general  vaccination  in  the  state  of 
California."     (French  v.  Davidson,  143  Cal.  659.) 

The  act  regulating  the  practice  of  medicine  and 
surffery  does  not  violate  this  section.  (Ex  parte 
Gerino,  143  Cal.  412.) 

A  law  is  uniform  in  its  operation  if  it  applies  alike 
1-^  nil  persons  or  objects  within  the  class  to  which  it 
relates.     (Euperich  v.  Baohr,  142  Cal.  190.) 

An  act  providing  that  in  divorce  suits  the  final  de- 
cree shall  not  be  entered  until  the  expiration  of  one 
year  from  the  filing  of  the  decision,  is  valid.  (Deyoe 
V.  Superior  Court,  140  Cal.  476.) 

The  provision  of  section  1373  of  the  Political  Code, 
making  the  county  in  which  the  indictment  was 
found  chargeable  with  the  support  of  insane  crimi- 
nals, is  not  in  violation  of  this  section.  (Napa  State 
Hospital  V.  Yuba  County,  138  Cal.  378.) 

Ah  to  the  uniform  operation  of  the  County  Gov- 
ernment Act,  wliich  goes  into  effect  at  different  times 
as  to  different  counties,  see  Freman  v.  IMarsliall,  137 
Cal.   159. 

The  provision  of  section  1197  of  the  Political  Code 
forbidding  the  name  of  a  nominee  to  be  placed  upon 
the  ballot  more  than  once,  is  in  violation  of  this  sec- 
tion.    (Murphy  v.  Curry,  137  Cal.  479.) 

T'he  act  providing  for  the  applicntiou  of  the  sal- 
aries of  pulilic  oHicers  to  the  payment  of  their  debts 


TREADWELL'S  constitution  of  CALIFORNIA.  5 

is  not  unconstitutional  because  not  uniform  in  its  op- 
eration.    (Euperich   v.  Baelir,  142   Cal.   190.) 

Article  T,  Section  13, 

An  accused  person  held  in  custody  an  unreasonable 
length  of  time  without  trial  will  be  discharged  upon 
habeas  corpus.  (In  re  Begerow,  133  Cal.  349,  65  Pac. 
81:8.) 

Where  the  court  is  prohibited  from  pronouncinsf 
judgment  upon  the  defendant  because  the  indictment 
is  invalid,  jeopardy  does  not  attach.  (People  v.  Ter- 
rill,  133  Cal.  120,  65  Pac.  303.) 

A  law  authorizing  the  commitment  of  a  person  to 
an  insane  asylum  without  notice  is  void.  (Matter  of 
Lambeit,  134  Cal.  &26,  66  Pac,  851.) 

A  vested  right  in  a  pension  fund  is  property  within 
the  meaning  of  this  provision.  (Kavanagh  v.  Board 
of  Police  P.P.  Commrs.,  134  Cal.  50,  66  Pac.  36.) 

The  shortness  of  the  period  of  constructive  notice 
to  nonresident  'heirs  of  the  probate  of  a  will  does  not 
deprive  them  of  due  process  of  law,  since  they  are 
allowed  to  contest  the  will  within  a  vear  after  pro- 
bate.    (Estate  of  Davis,  136  Cal.  590-,  69  Pac.  412.) 

An  ex  parte  order  for  alimony  is  void.  (Baker  v. 
Baker,  136   Cal.  302,  68  Puc.  97i.) 

The  so-called  front  foot  method  of  assessment  is 
valid.  (San  Francisco  Pav.  Co.  v.  Bates,  134  Cal.  33, 
661  Pac.  2;  Chapman  v.  Ames,  135  Cal.  246,  67  Pac. 
1125;  Belsor  v.  Allman,  134  Cal.  399,  66  Pac.  492; 
Eeid  V.  Clay,  134  Cal.  207,  66  Pac.  262;  Alameda  v. 
Cohen,  133  Cal.  5,  65  Pac.  127;  German  Sav.  etc.  Soc. 
v.  Eamish,  138  Cal.  120.) 

A  conviction  for  petit  larceny  committed  in  con- 
nection with  a  burglary  is  not  a  bar  to  a  prosecution 
for   burglary,     (People  v.   Devlin,   143   Cal.   128.) 

The  fact  that  the  street  bond  act  does  not  in  terms 
give  a  lienholder  an  opportunity  to  object,  does  not 
render  it  unconstitutional.  (German  Sav.  etc,  Soc.  v. 
Eamish,  138  Cal.  120.) 

Article  I,  Section  14, 

The  fact  that  a  road  is  called  a  private  road  does 
not  prevent  the  condemnation  of  land  therpfor. 
(County  of  Madera  v.  Eaymond  G.  Co.,  139  Cal,  128.) 


6  SUPPLEMENT   TO 

The  street  bond  act,  authorizing  the  imposition  of 
a  charge  upon  property  for  ten  years  is  not  invalid, 
as  taking  private  property  for  public  use.  (German 
Sav.  etc.  Soc.  v.  Eami-h,  138  Cal.  120.) 

Section  1254  of  the  Code  of  Civil  Procedure,  pro- 
viding that  the  plaintiff  in  an  action  of  eminent  domain 
may  enter  into  possession  without  first  making  com- 
pensation, is  in  violation  of  this  section.  (Steinhart 
V.  Superior  Court,  137  Cal.  575;  Beveridge  v.  Lewis, 
137  Cal.  619.) 

Article  I,  Section  15. 

To  punish  a  person  by  imprisonment  for  failure  to 
pay  a  debt  to  a  receiver  is  in  violation  of  this  pro- 
vision. (Knutte  V.  Superior  Court,  13-i  Cal.  li(50,  l56i  Pae. 
875.) 

Article  I,  Section  21. 

A  statute  providiug  that  all  county  printing  must 
be  let  to  persons  who  have  been  established  in  busi- 
ness in  the  county  for  more  than  one  year  is  in  viola- 
tion of  this  section.  (Van  Harlingen  v.  Doyle,  134 
Cal.  53,  66  Pac.  44.) 

The  act  regulating  the  practice  of  medicine  and 
surgery  does  not  violate  this  section.  (Ex  parte 
Gerino,  143   Cal.  412.) 

An  act  applying  uniformly  to  all  cities  of  a  par- 
ticular class  is  not  in  violation  of  this  section.  (Ex 
parte  Jackson,  143  Cal.  564.) 

The  provision  of  section  1197  of  the  Political  Code, 
forbi<lding  the  name  of  a  nominee  to  be  placed  upon 
the  ballot  more  than  once,  is  in  violation  of  this  sec- 
tion.    (Murphy  v.  Curry,  137  Cal.  479.) 

Article  II,  Section  6. 

Sec.  6.  The  inliil)itions  of  this  Constitution 
to  the  contrary  notwithstanding,  the  legislature 
shall  have  power  to  provide  that  in  different 
parts  of  the  state  difTercnt  methods  may  be  em- 
ployed for  receiving  and  registering  the  will  of 


TKEADWELL'S  CONSTITUTIOIf  OF  CALIFORNIA.  7 

the  people  as  expressed  at  elections,  and  may 
provide  that  meclianical  devices  may  be  used 
within  designated  subdivisions  of  the  state  at  the 
option  of  the  local  authority  indicated  by  the 
legislature  for  that  purpose.  (Amendment 
adopted  November  4,  1902.) 

Article  Til,  Section  1. 

.The  legislature  may  invest  judicial  officers  with 
power  to  punish  for  contempt.  (Crocker  v.  Conrev,  140 
Cal.  213.) 

The  legislature  cannot  invest  ministerial  officers 
with  the  power  to  punish  individuals  by  fine  and 
imprisonment.     (Burns  v.  Superior  Court,  140  Cal.  1.) 

The  power  to  remove  a  public  officer  for  cause  is 
not  judicial  in  its  character.  (Matter  of  Carter,  141 
Cal.  316.) 

Article  IV,  Section  1. 

An  act  authorizing  a  commissioner  to  require  fac- 
tories and  workshops  to  provide  mechanical  contri- 
vances to  prevent  the  inhaling  of  dust,  filaments  and 
gases,  when  it  appears  to  him  that  it  can  be  to  a 
great  extent  prevented  by  such  contrivances,  is  an 
unlawful  delegation  of  legislative  functions.  (Schaez- 
lein  v.  Cabaniss,  135  Cal.  466,  67  Pac.  755.) 

Article  IV,  Section  24. 

An  act  entitled  "An  act  to  establish  a  uniform 
system  of  county  and  township  governments"  cannot 
provide  for  the  salaries  of  official  reporters  of  the 
superior  courts.  (Pratt  v.  Browne,  185  Cal.  649,  67 
Pac.  1082.) 

The  provision  of  an  act  entitled  "An  act  creating 
a  board  of  commissioners  of  building  and  loan  asso- 
ciations, and  prescribing  their  duties  and  powers," 
as  to  withdrawals  is  not  expressed  in  the  title  of  the 
act.     (Provident  etc.  Assn.  v.  Davis,  143  Cal.  253.) 

It  is  a  sufficient  compliance  with  this  provision  to 
republish  the  section  of  the  act  amended.  (Estate  of 
Campbell,  143   Cal.  623.) 


8  SUPrLEMEXT    TO 

The  act  of  April  9,  18S0,  amending  one  hundred  aud 
eitrht  sections  of  the  Penal  Code,  reponling  ten  sec- 
tions, and  adding  a  new  section  thereto,  is  not  a 
revision  of  the  entire  code,  requiring  a  republication 
thereof.     (Peorle  v.  Oates,  142  Cal.  12.) 

An  act  entitled  an  act  to  amend  a  particular  sec- 
tion of  one  of  the  codes  suflficientlv  states  the  sub- 
ject of  the  act.     (People  v.  Gates,  142  Cal.  12.) 

An  act  purporting  in  its  title  to  deal  wit'h  publica- 
tions by  certain  public  officers  cannot  in  the  body  of 
the  act  provide  for  other  classes  of  publications. 
(Estate  of  Molone,  141  Cal.  331.) 

The  fact  that  an  act  does  not  deal  with  the  matter 
of  crimes  and  punishments  does  not  prevent  it  from 
being  in  the  form  of  an  amendment  to  the  Penal  Codo, 
if  its  title  shows  its  subject  matter,  (County  of  Butte 
V.  Merrill,  141  Cal.  396.)' 

An  act  entitled  "An  act  to  establish  a  tax  on  col- 
lateral inheritances,  bequests,  and  devises"  cannot 
impose  such  a  tax  on  direct  kindred.  (Estate  of 
Winchester,  140  Cal.  468.) 

An  act  entitled  an  act  to  add  a  new  section  to  a 
named  code  relating  to  a  named  subject  is  sufficient 
to  embrace  all  matters  relating  to  such  subject. 
(Devoo  V.  Supf>rior  Court,  140  Cal.  476.) 

The  ease  of  Abeol  v.  Clark,  84  Cal,  226,  approved 
as  to  the  constitutionality  of  an  "Act  to  encourage 
and  provide  for  general  vaccination  in  the  stnte  of 
California,"     (French  v,   Davidson,   143    Cal,    659.) 

The  fact  that  an  act  adds  certain  sections  which 
relate  to  procedure  to  the  Civil  Code,  instead  of  the 
Code  of  Civil  Procedure,  does  not  make  it  invalid. 
(Deyoe  v.  Superior  Court,  140  Cal.  476.) 

As  to  whether  an  act  is  an  amendment  or  a  re- 
vision of  another  act,  see  Beach  v.  Von  Detten.  139 
Cal.  462, 

The  preservation  of  fish  and  game  is  a  single  sub- 
ject of  legislation.  (Ah  King  v.  Police  Court,  139 
Cal.  718.) 

Siibject  of  act  held  to  be  within  title.  (Jackson 
V.    Baehr,   138   Cal.   266.) 

The  provision  of  the  act  regulating  the  practice  of 
7i!C(lifine  and  surgery,  that  tiie  board  of  examinors 
sliall  be  elected  liy  various  medical  societies  does  not 


TREADWELL'S  CONSTITUTION  OF  CALIFORNIA.  9 

grant    any    special    right,    privilege,    or    immunity    to 
suc'h  societies.     (Ex  parte  Gerino,  143  Cal.  412.)  ' 

Article  IV,  Section  25. 

A  law  requiring  insane  persons  in  state  institutions 
to  be  supported  out  of  their  own  estates  is  not  in  vio- 
lation of  this  section.  (Estate  of  Yturburru,  134  Cal. 
567,  66  Pae.  729.) 

An  act  relating  to  license  taxes  in  cities  of  a  par- 
ticular class  is  not  a  special  law.  (Ex  parte  Jack- 
sou.  143  Cal.  564.) 

The  collateral  inheritance  tax  act  is  not  unconstitu- 
tional because  it  taxes  brothers  and  sisters,  and  ex- 
empts the  wife  of  a  son,  the  widow  of  a  son,  and  the 
husband  of  a  daughter,  the  classification  being  based 
on  a  natural  distinction.  (Estate  of  Campbell,  143 
Cal.  623.) 

An  act  providing  that  in  divorce  suits  the  final  de- 
cree shall  not  be  entered  until  the  expiration  of  one 
vear  from  the  filing  of  the  decision,  is  valid.  (Deyoe 
V.   Superior  Court,  140  Cal.  476.) 

The  case  of  Abeel  v.  Clark,  84  Cal.  226,  approved 
as  to  the  constitvitionality  of  an  "Act  to  encourage 
and  provide  for  general  vaccination  in  the  state  of 
California."     (French   v.   Davidson,   143   Cal.   659.) 

The  act  providing  for  the  application  of  the  sal- 
aries of  public  officers  to  the  payment  of  their  debts 
is  not  a  special  law  because  it  creates  a  distinct  class 
of  debtors  and  provides  a  special  method  of  reaching 
such  salaries.     (Ruperich  v.  Baehr,  142  Cal.  190.) 

A  law  is  not  special  if  it  relates  to  a  class,  and  the 
cl^ss  is  founded  upon  intrinsic  differenf^es,  requiring  or 
reasonablv  justifying  different  regulations.  (Eupe- 
rich  V.  Paehr,  142   Cal.  190.) 

As  to  when  an  entire  act  will  not  be  affected  by 
the  fact  that  one  provision  thereof  is  special,  see 
Davidson   v.   Von   Detten,   139   Cal.   467. 

Ser-tion  1143  of  the  Penal  Code  relating  to  fees  of 
jurors  in  criminal  actions  is  not  a  special  law.  (Jack- 
son  V.  Baehr,   138   Cal.   266.) 

The  provision  of  section  1373  of  the  Political  Code, 
making  the  county  in  which  the  indictment  was  found 
chargeable   with   the   support   of   insane   criminals,   is 


10  SUPPLEMENT  TO 

not  a  special  law.  (Napa  State  Hospital  v.  Tuba 
County,   138    Cal.   378.) 

The  provision  of  section  1203  of  the  Code  of  Civil 
Procedure,  requiring  contractors  for  the  erection  of 
buildings  to  secure  their  contracts  by  bonds,  is  a 
special  law.  (Shaughnessy  v.  American  Surety  Co., 
138   Cal.   543.) 

The  provisions  of  the  Political  Code  in  regard  to 
road  taxes  are  not  in  violation  of  this  section,  be- 
cause cities  and  towns  are  exempted  from  their  opera- 
tion, since  this  does  not  exempt  cities  and  towns  from 
the  tax,  but  compels  cities  and  towns  to  maintain 
their  streets  under  the  street  improvement  act.  (!Mil- 
ler  V.  County  of  Kern,  137  Cal.  516.) 

Article  IV,  Section  25%. 

Sec.  25-1.  The  legislature  may  provide  for  the 
division  of  the  state  into  fish  and  game  districts, 
and  may  enact  such  laws  for  the  protection  of 
fish  and  game  therein  as  it  may  deem  appropriate 
to  the  respective  districts.  (Amendment  adopted 
Xovember  4,  1902.) 

Article   IV,    Section    31. 

The  provision  of  the  Political  Code  for  the  repay- 
ment to  purchasers  of  swamp  lands  of  the  amounts 
which  they  had  paid  for  their  lands,  being  a  part 
of  the  contract  between  them  and  the  state,  is  not 
a  gift  of  public  money.  (McCord  v.  Slavin,  143  Cal. 
325.) 

An  act  providing  for  the  payment  of  fees  to  jurors 
for  past  services,  where  there  was  no  previous  liabil- 
ity therefor,  is  in  violation  of  this  section.  (Powell 
v."  Phelan,   138.  Cal.   271.) 

Article  IV,  Section   32. 

The  legislature  cannot  retroactively  giv^  an  offii'er  in- 
creased compensation  over  that  fixed  by  law  when  liis 
term  coninu'iice<l,  by  ratifying  the  pavment  of  such 
increased  compensation.  (County  of  Butte  v.  Merrill, 
141  Cal.  396.) 


TREADWELL'S  CONSTITUTION  OF  CALIFORNIA.  11 

Article  IV,  Section  36. 

Sec.  36.  The  legislature  shall  have  power  to 
establish  a  system  of  state  highways  or  to  declare 
any  road  a  state  highway,  and  to  pass  all  laws 
necessary  or  proper  to  construct  and  maintain 
the  same,  and  to  extend  aid  for  the  construction 
and  maintenance  in  whole  or  in  part  of  any 
county  highway.  (Amendment  adopted  Novem- 
ber 4,  1902.) 

Article  VI,  Section  1. 

Sec.  1.  The  judicial  power  of  the  state  shall 
be  vested  in  the  senate,  sitting  as  a  court  of  im- 
peachment, in  a  supreme  court,  district  courts  of 
appeal,  superior  courts,  justices  of  the  peace,  and 
such  inferior  courts  as  the  legislature  may  estab- 
lish in  any  incorporated  city  or  town,  or  city  and 
county.  (Amendment  adopted  November  8, 
1904.) 

An  act  providing  for  a  police  judge  necessarily  pre- 
supposes a  police  court.  (Ex  parte  Mauch,  134  Cal. 
500,  66  Pac.  734.) 

The  legislature  may  provide  that  the  city  council 
shall  be  the  final  and  exclusive  judge  of  the  election 
of  all  municipal  officers.  (Carter  v.  Superior  Court, 
138  Cal.  150.) 

The  legislature  cannot  invest  ministerial  officers 
with  the  power  to  punish  individuals  by  fine  and 
imprisonment.      (Burns  v.  Superior  Court,  140  Cal.  1.) 

The  legislature  may  invest  judicial  officers  with 
power  to  punish  for  contempt.  (Crocker  v.  Conrev, 
140   Cal.   213.) 

The  supreme  court  only  has  jurisdiction  in  probate 
proceedings  as  may  be  provided  by  law.  (Estate  of 
Cahill,   142   Cal.   628.) 


12  SUPPLEMENT  TO 

An  action  to  foreclose  a  mechanic's  lien  ov  to 
reach  the  fund  in  the  hands  of  the  owner,  being  an 
equitable  action,  is  within  the  appellate  jurisdietinu 
of  the  supreme  court.  (Weldon  v.  Superior  Court,  138 
Cal.  427.) 

Article  VI,  Section  4. 

Sec.  4.  The  supreme  court  shall  have  appellate 
jurisdiction  on  appeal  from  the  superior  courts  in 
all  cases  in  equit}'^  except  such  as  arise  in  justices' 
courts;  also,  in  all  cases  at  law  which  involve  the 
title  or  possession  of  real  estate,  or  the  legality 
of  any  tax,  impost,  assessment,  toll,  or  municipal 
tine,  or  in  which  the  demand,  exclusive  of  interest, 
or  the  value  of  the  property  in  controversy, 
amounts  to  two  thousand  dollars ;  also,  in  all  such 
probate  matters  as  may  be  provided  by  law;  also, 
on  questions  of  law  alone,  in  all  criminal  cases 
where  judgment  of  death  has  been  rendered ;  the 
said  court  shall  also  have  appellate  jurisdiction  in 
all  cases,  matters,  and  proceedings  pending  before 
a  district  court  of  appeal  which  shall  be  ordered 
by  the  supreme  court  to  be  transferred  to  itself 
for  hearing  and  decision,  as  hereinafter  provided. 
The  said  court  shall  also  have  power  to  issue  writs 
of  mandamus,  certiorari,  prohibition,  and  habeas 
corpus,  and  all  other  writs  necessary  or  proper  to 
the  complete  exercise  of  its  appellate  jurisdiction. 
Each  of  the  justices  shall  have  power  to  issue 
writs  of  liabeas  corpus  to  any  part  of  the  state, 
upon  ])ctition  by  or  on  behalf  of  any  person  held 
in  actual  custody,  and  may  make  sucli  writs  re- 


TREADWELL's  constitution  of  CALIFORNIA.  13 

turnable  before  himself  or  the  supreme  court,  or 
before  any  district  court  of  appeal,  or  before  any 
judge  thereof,  or  before  any  superior  court  in  the 
state,  or  before  any  judge  thereof. 

The  state  is  hereby  divided  into  three  appellate 
districts,  in  each  of  which  there  shall  be  a  district 
court  of  appeal  consisting  of  three  justices.  The 
first  district  shall  embrace  the  following  counties : 
San  Francisco,  Marin,  Contra  Costa,  Alameda, 
San  Mateo,  Santa  Clara,  Fresno,  Santa  Cruz, 
Monterey,  and  San  Benito. 

The  second  district  shall  embrace  the  following 
counties:  Tulare,  Kings,  San  Luis  Obispo,  Kern, 
Inyo,  Santa  Barbara,  Ventura,  Los  Angeles^  San 
Bernardino,  Orange,  Riverside,  and  San  Diego. 

The  third  district  shall  embrace  the  following 
counties :  Del  Norte,  Siskiyou,  Modoc,  Humboldt, 
Trinity,  Shasta,  Lassen,  Tehama,  Plumas,  Mendo- 
cino, Lake,  Colusa,  Glenn,  Butte,  Sierra,  Sutter, 
Yuba,  Nevada,  Sonoma,  Xapa,  Yolo,  Placer, 
Solano,  Sacramento,  El  Dorado,  San  Joaquin, 
Amador,  Calaveras,  Stanislaus,  Mariposa,  Madera, 
Mercedj  Tuolumne,  Alpine,  and  Mono. 

The  supreme  court,  by  orders  entered  in  its 
minutes,  may  from  time  to  time  remove  one  or 
more  counties  from  one  appellate  district  to  an- 
other, but  no  county  not  contiguous  to  another 
county  of  a  district  shall  be  added  to  such  district. 

Said  district  courts  of  appeal  shall  hold  their 
regular   sessions   respectively   at    San   Francisco, 


14  SUPPLEMENT  TO 

Los  Angeles,  and  Sacramento,  and  they  shall  al- 
ways he  open  for  the  transaction  of  hnsine^^s. 

The  district  courts  of  appeal  shall  have  appellate 
jurisdiction  on  appeal  from  the  stiperior  courts  in 
all  cases  at  law  in  which  the  demand,  exclusive  of 
interest,  or  the  value  of  the  pro]ierty  in  contro- 
versy, amounts  to  three  hundred  dollars,  and  does 
not  amount  to  two  thousand  dollars;  also,  in  all 
cases  of  forcible  and  unlawful  entry  and  detainer 
(except  such  as  arise  in  justices'  courts),  in  pro- 
ceedings in  insolvency,  and  in  actions  to  prevent 
or  abate  a  nuisance ;  in  proceedings  of  mandamus, 
certiorari,  and  prohibition,  usurpation  of  office, 
contesting  elections  and  eminent  domain,  and  in 
such  other  special  proceedings  as  may  be  provided 
liy  law  (excepting  cases  in  which  appellate  juris- 
diction is  given  to  the  supreme  court)  ;  also,  on 
questions  of  law  alone,  in  all  criminal  cases  prose- 
cuted by  indictment  or  information  in  a  court  of 
record,  excepting  criuiinal  cases  where  judgment 
of  death  has  been  rendered.  The  said  courts 
shall  also  have  appellate  jurisdiction  in  all  cases, 
matters,  and  proceed ings  pending  before  the  su- 
preme court  which  sliall  be  ordered  bv  the  su- 
preme court  to  be  transferred  to  a  district  court 
of  appeal  for  hearing  and  decision.  The  said 
courts  shall  also  have  power  to  issue  writs  of  man- 
damus, certiorari,  prohibition,  and  habeas  corpus, 
find  all  other  writs  necessary  or  proper  to  the  com- 
plete    exercise     of    tbeir    appellatc^  jurisdiction. 


TREADWELL  'S  CONSTITUTION  OF  CALIFORNIA,  15 

Each  of  the  justices  thereof  shall  have  power  to 
issue  writs  of  habeas  corpus  to  any  part  of  his  ap- 
pellate district  upon  petition  hy  or  on  behalf  of 
any  person  held  in  actual  custody,  and  may  make 
such  writs  returnable  before  himself  or  the  dis- 
trict court  of  appeal  of  his  district,  or  before  any 
superior  court  within  his  district,  or  before  any 
judge  thereof. 

The  supreme  court  shall  have  power  to  order 
any  cause  pending  before  the  supreme  court 
to  be  heard  and  determined  by  a  district  court  of 
appeal,  and  to  order  any  cause  pending  before  a 
district  court  of  appeal  to  be  heard  and  deter- 
mined by  the  supreme  court.  The  order  last 
mentioned  may  be  made  before  judgment  has  been 
pronounced  by  a  district  court  of  appeal,  or  with- 
in thirty  days  after  such  judgment  shall  have  be- 
come final  therein.  The  judgments  of  the  dis- 
trict courts  of  appeal  shall  become  final  therein 
upon  the  expiration  of  thirty  days  after  the  same 
shall  have  been  pronounced. 

The  supreme  court  shall  have  power  to  order 
causes  pending  before  a  district  court  of  appeal 
for  one  district  to  be  transferred  to  the  district 
court  of  appeal  of  another  district  for  hearing 
and  decision. 

The  justices  of  the  district  courts  of  appeal 
shall  be  elected  by  the  qualified  electors  within 
their  respective  districts  at  the  general  state  elec- 
tions at  the  times  and  places  at  which  justices  of 


16  SUPPLEMENT  TO 

the  supreme  court  are  elected.  Their  terms  of 
office  and  salaries  shall  be  the  same  as  those  of 
justices  of  the  supreme  court,  and  their  salaries 
shall  he  paid  by  the  state.  Upon  the  ratification 
by  the  people  of  this  amendment  the  governor 
shall  appoint  nine  persons  to  serve  as  justices  of 
the  district  courts  of  appeal  until  the  first  Mon- 
day after  the  first  day  of  January  in  the  year 
1907,  provided,  that  not  more  than  six  of  said 
persons  shall  he  members  of  the  sauie  political 
party.  At  the  election  in  the  year  1906  nine  of 
such  justices  shall  be  elected  as  above  provided, 
and  the  justices  of  each  district  court  of  appeal 
shall  so  classify  themselves  by  lot  that  one  of  them 
shall  go  out  of  office  at  the  end  of  four  years,  one 
of  them  at  the  end  of  eight  years,  and  one  of  them 
at  the  end  of  twelve  years :  an  entry  of  such  classi- 
fication shall  be  made  in  the  minutes  of  the  court, 
signed  by  the  three  justices  thereof,  and  a  dupli- 
cate thereof  filed  in  the  office  of  the  secretary  of 
state.  If  any  vacancy  occur  in  the  office  of  a  jus- 
tice of  the  district  courts  of  appeal,  the  governor 
shall  appoint  a  person  to  hold  olhcc  until  the  elec- 
tion and  qualification  of  a  justice  to  fill  the  va- 
cancy; such  election  shall  take  place  at  the  next 
succeeding  general  state  election  as  aforesaid ;  the 
justice  then  elected  shall  hold  the  office  for  the 
unexpired  term. 

One  of  the  justices  of  each  of  the  district  courts 
of  appeal  shall  be  the  presiiling  justice  thereof. 


TKEADWELL'S  CONSTITUTION  OF  CALIFORNIA.  17 

and  as  such  shall  be  appointed  or  elected  as  the 
case  may  be.  The  presence  of  three  justices  shall 
be  necessary  for  the  transaction  of  any  Itusiness  by 
such  court,  except  such  as  may  be  done  at  cham- 
bers, and  the  concurrence  of  three  justices  shall 
be  necessary  to  pronounce  a  judgment. 

Whenever  any  justice  of  the  supreme  court 
is  for  any  reason  disqualified  or  unable  to  act  in 
a  cause  pending  before  it,  the  remaining  justices 
may  select  one  of  the  justices  of  a  district  court 
of  appeal  to  act  pro  tempore  in  the  place  of  the 
justice  so  disqualified  or  unable  to  act. 

Whenever  any  justice  of  a  district  court  of  ap- 
peal is  for  any  reason  disqualified  or  unable  to 
act  in  any  cause  pending  before  it,  the  supreme 
court  may  appoint  a  justice  of  the  district  court 
of  appeal  of  another  district,  or  a  judge  of  a  su- 
perior court  who  has  not  acted  in  the  cause  in  the 
court  below,  to  act  pro  tempore  in  the  place  of  the 
justice  so  disqualified  or  unable  to  act. 

No  appeal  taken  to  the  supreme  court  or  to  a 
district  court  of  appeal  shall  be  dismissed  for  the 
reason  only  that  the  same  was  not  taken  to  the 
proper  court,  but  the  cause  shall  be  transferred 
to  the  proper  court  upon  such  terms  as  to  costs 
or  otherwise  as  may  be  just,  and  shall  be  pro- 
ceeded with  therein  as  if  regularly  appealed  there- 
to. 

All  statutes  now  in  force  allowing,  providing 
for,  or  regulating  appeals  to  the  supreme  court 


18  SUPPLEMENT  TO 

shall  appl}''  to  appeals  to  the  district  courts  of  ap- 
peal so  far  as  such  statutes  are  not  inconsistent 
with  this  article  and  until  the  legislature  shall 
othenvise  provide. 

The  supreme  court  shall  make  and  adopt  rules 
not  inconsistent  with  law  for  the  government  of 
the  supreme  court  and  of  the  district  courts  of 
appeal  and  of  the  officers  thereof,  and  for  regulat- 
ing the  practice  in  said  courts.  (Amendment 
adopted  November  8,  190-i.) 


Article  VI,  Section  5. 

The  superior  courts  are  state  courts.  (Pratt  v. 
Browne,  135  Cal.  649,  67  Pac.  10S2.) 

Tiiere  is  only  one  supei'ior  court  in  each  county. 
(Carter  v.  Lothian,  133  Cal.  451,  65  Pac.  962.) 

An  action  to  set  aside  a  judgment  procured  by  fraud 
is  a  suit  in  equity  and  need  not  be  brought  in  the 
county  in  which  the  judgment  wrs  recovered.  (Herd 
V.   Tuohy,   133   Cal.   55,   65   Pac.   139.) 

The  probate  court  has  exclusive  jurisdiction  of  lega- 
cies. (Drinkhouse  v.  Merritt,  134  Cal.  5S0,  66  Pac. 
785.) 

The  probate  court  has  no  jurisdiction  to  settle  a  dis- 
puted Claim  by  a  third  person  against  the  guardian  or 
fhe  estate  of  a  ward,  (Guardianship  of  Breslin,  135 
Cal.  21,  66  Pac.  962.) 

A  court  of  equity  cannot  set  aside  a  decree  of  dis- 
tribution made  by  the  probate  court  on  the  ground  of 
fraud  of  the  person  procuring  it;  but  in  case  of  ex- 
trinsic fraud  it  may  declare  such  person  a  trustee  of 
the  defrauded  parties.  (Sohler  v.  Sohlcr,  135  Cal. 
323,  67  Pac.  282.) 

Questions  in  regard  to  assignments  made  by  an 
heir  apparent  are  not  within  the  scope  of  proljate 
prococflings.      (Estate   of   Ryder,   141    <^nl.   306.) 

Wliere  several  plaintifl's  sue  togotiier  on  several  di.s- 
tinct  claims  each  for  less  than  three  liundred  dollars, 
and  the  court  enters  a  joint  judgment  for  the  entire 


TEEADWELL's  COXSTITUTION  of  CALIFORNIA.  19 

amount  of  the  clain;s,  the  judgment  is  void.  (Winrod 
V.   Wolters.   1-il    Cal.   399.) 

The  proviso  to  this  section  is  to  be  strictly  con- 
strued, and  does  not  include  an  action  to  recover 
damages  for  interfering  with  an  easement  for  a  canal, 
where  there  is  nothing  in  the  complaint  to  indicate 
that  the  defendant  claims  any  right  or  title  to  the 
easement  of  the  canal.  (Miller  &  Lux  v.  Kern  Co. 
Land  Co.,  140  Cal.  132.) 

An  action  may  be  brought  under  the  proviso  to  this 
section  to  partition  several  distinct  tracts  of  land  situ- 
ated in  different  counties.  As  to  whether  or  not 
partition  is  an  action  "quieting  title  to"  real  estate 
not  decided.     (Murphy  v.  Superior  Court,  138  Cal.  69.) 

The  superior  court  sitting  as  a  court  of  probate  has 
no  jurisdiction  to  annul  an  administration  and  com- 
pel the  administrator  to  return  all  the  property  which 
lias  come  into  his  hands,  on  the  ground  th;it  the  ad- 
ministration was  granted  on  the  estate  of  a  living 
person.     (Costa  v.  Superior  Court,  137  Cal.  79.) 

The  detern'.ination  nf  a  j'.idanient  lien  against  a  dev- 
isee is  not  a  matter  of  probate.  (Martinovich  v. 
Marsicano,  137   Cal.  354.) 

When  a  title  by  patent  from  the  United  States 
vested  absolutely  in  the  widow  and  two  children  of 
the  deceased  husband  and  father,  free  of  any  trust 
attaching  to  his  estate,  the  superior  court  sitting  in 
probate  has  no  jurisdiction  over  it.  (Southern  Cal. 
M.  T.  Co.  v.  Lincoln  University,  137  Cal.  508.) 

■The  superior  court  has  concurrent  jurisdiction  with 
justices  of  the  peace  for  the  foreclosure  of  liens  on 
personal  property  when  the  claim  is  for  less  than 
three  hundred  dollars,  and  the  plaintiff  is  entitled  to 
costs,  whether  he  seeks  relief  in  one  jurisdiction  or 
the  other.     (Clark  v.  Brown,  141  Cal.  93.) 

Article  VT,  Section  6, 

The  departments  of  the  superior  court  of  a  single 
county,  though  theoretically  one  court,  are  practically 
as  distinct,  for  the  trial  of  causes,  as  other  superior 
courts,  and  a  jury  drawn  for  one  department  cannot 
be  used  in  another.  (People  v.  Wong  Bin,  139  Cal. 
60.) 


20  SUPPLEMENT  TO 

The  fact  that  the  constitution  gives  the  superior 
court  jurisdiction  in  cases  of  equity  does  not  prevent 
the  legislature  from  regulating  the  practice  and  pro- 
ceedings in  such  cases.  (Wright  v.  Superior  Court, 
139  Cal.  469.) 

The  legislature  has  no  power  to  increase  or  diminisli 
the  temi  of  office  of  superior  judges  as  fixed  by  the 
constitution;  and  such  judge,  therefore,  cannot  hold 
after  the  expiration  of  such  term  and  until  his  suc- 
cessor has  been  elected  or  appointed.  (People  v. 
Campbell,  13S  Cal.  11.) 

Article  VI,  Section  10. 

Sec.  10.  Justices  of  the  supreme  court,  and  of 
the  district  courts  of  appeal,  and  judges  of  the 
superior  courts  may  bo  removed  by  concurrent 
resohition  of  both  houses  of  the  legislature 
adopted  by  a  two-thirds  vote  of  each  house.  All 
other  JTidicial  ofTiccrs,  except  justices 'of  the  peace, 
may  be  removed  by  the  senate  on  the  recommen- 
dation of  the  governor;  but  no  removal  shall  be 
made  by  virtue  of  this  section  unless  the  cause 
thereof  be  entered  on  the  journal,  nor  unless  tho 
party  complained  of  has  been  served  with  a  copy 
of  the  complaint  against  him  and  shall  have  had 
an  opportunity  of  being  heard  in  his  defense.  On 
the  question  of  removal  the  ayes  and  noes  shall 
be  entered  on  the  journal.  (Amendment  adopted 
November  8,  1904.) 

Article  VT,  Section  11. 

The  pa' tics  to  an  action  in  the  justices'  court  can- 
not confer  jurisdiction  uimn  the  court  of  an  action 
involving  the  title  or  possession  of  real  estate  by 
failing  to  plea<l  su<'h   lack  of  jurisdiction  by   verified 


TRKADWELL  'S  CONSTITUTION  OF  CALIFORNIA.  21 

answer.  (King  v.  Kntner-Goldstein  Co.,  135  Cal.  60, 
67  Pac.  10.) 

The  board  of  supervisors  of  a  comity  may  by  or- 
dinance abolish  two  contiguous  judicial  townships 
having  a  justice's  court  in  each,  anil  may  establish 
one  new  consolidated  township,  comprising  thp  ter- 
ritory of  both  of  them.  (Proulx  v.  Graves,  143  Cal. 
243.) 

The  constitutional  provision  as  to  justices'  courts 
operates  specifically  only  by  means  of  such  local  legis- 
lation as  the  state  legislature  has  delegated  to  the 
supervisors  under  general  lav,'S,  and  automatically  es- 
tablishes a  justice's  court  in  each  township  estab- 
lished by  t'he  local  body  which  continvies  while  the  town- 
ship exists,  and  is  merged  in  another  justice's  coui't 
when  two  townships  are  merged  into  one.  (Proulx 
V.   Graves,   143   Cal.   243.) 

The  words  "forcible  entry  and  detainer"  include 
unlawful  detainer.     (Ivory  v.  Brown,  137  Cal.  603.) 

Article  VI,  Section  12. 

Sec.  12.  The  supreme  court,  the  district 
courts  of  appeal,  the  superior  courts,  and  such 
other  courts  as  the  legislature  shall  prescribe, 
shall  be  courts  of  record.  (Amendment  adopted 
November  8,  1904.) 

Article  VI,  Section  16. 

Sec.  16.  The  legislature  shall  provi rlo  for  the 
speedy  publication  of  such  opinions  of  the  su- 
preme court  and  of  the  district  courts  of  appeal 
a:<  the  supreme  court  may  deem  expedient,  and  all 
opinions  shall  be  free  for  publication  by  any  per- 
son.    (Amendment  adopted  November  8,  1904.) 

Article  VI,  Section  17. 

Sec.  17.  The  Justices  of  the  supreme  court  and 
of  the  district  courts  of  appeal,  and  the  judges 


22  SUPPLEMENT  TO 

of  the  superior  court  shall  severally,  at  stated 
times  during  their  continuance  in  office,  receive 
for  their  services  such  compensation  as  is  or 
shall  be  provided  by  law,  which  shall  not  be  in- 
creased or  diminished  after  their  election,  nor 
during  the  term  for  which  they  shall  have  been 
elected.  The  salaries  of  the  justices  of  the  su- 
prem.e  court  and  of  the  district  courts  of  appeal 
shall  be  paid  by  the  state.  One-half  of  the  salary 
of  each  superior  court  judge  shall  be  paid  by  the 
state ;  the  other  half  thereof  shall  be  paid  by  the 
county  for  which  he  is  elected.  (Amendment 
adopted  ISTovember  8,  1904.) 

Article   VI,   Section   18. 

Sec.  18.  The  justices  of  the  supreme  court, 
and  of  the  district  courts  of  appeal,  and  the  judges 
of  the  superior  courts  shall  be  ineligible  to  any 
other  office  or  public  employment  than  a  judicial 
office  or  employment  during  the  term  for  which 
they  shall  have  been  elected.  (Amendment 
adopted  Xovember  8,  1904.) 

Article  VI,  Section  19. 

An  instruction  that  "under  the  case  and  proofs  as 
here  made  no  presumption  of  negligence  arises  against 
the  defendant  from  t'he  mere  fact  that  an  accident 
has  occurred,"  violates  this  provision.  (Sullivan  v. 
Market  St.  Ry.  Co.,  1.-56  Cal.  479,  69  Pac.  143.) 

An  instruction  that  the  condemnation  sought  is 
not  necessarv  is  an  instruction  upon  a  matter  of  fact. 
(Santa  Ann  "v.  Gildmacher,  ^X'^  Cal.  395,  6.1  Pac.  SS."?.) 

The  provision  of  section  2061  of  the  Code  of  Civil 
Procedure  that  the  jury  are,  on  all  proper  occasions, 


TREADWELL  'S  CONSTITUTION  OF  CALIFOKNIA.  23 

to  be  instructed  that  the  testimony  of  an  accomplice 
ought  to  be  viewed  with  distrust  and  the  evidence 
of  the  oral  admission  of  a  party  with  caution,  vio- 
lates this  provision.  (People  v.  Wardrio,  141  Cal. 
229.) 

Instruction  on  matter  of  fact  held  error.  (Kerri- 
gan v.  Market  St.  Ey.  Co.,  138  Cal.  506.) 

An  instruction  that  if  the  jury  believe  a  pTrticular 
witness  they  shall  render  a  verdict  accordingly  is 
error,     (People  v.  Barker,  137  Cal.  557.) 

An  instruction  assuming  that  there  may  be  an 
inference  or  definite  presumption  of  guilt  of  the  crime 
of  burglary  from  the  mere  unexplained  fact  of  pos- 
session of  stolen  property,  is  error.  (People  v.  Boxer, 
137  Cal.  562.) 

Article  VI,  Section  21. 

Sec.  21.  The  supreme  court  may  appoint  a  re- 
porter and  not  more  than  three  assistant  re- 
porters of  the  decisions  of  tlie  supreme  court  and 
of  the  district  courts  of  appeal.  Each  of  the 
district  courts  of  appeal  shall  appoint  its  own 
clerk.  All  the  officers  herein  mentioned  shall 
hold  office  and  be  removable  at  the  pleasure  of  the 
courts  by  which  they  are  severally  appointed,  and 
they  shall  receive  such  compensation  as  shall  be 
prescribed  by  law,  and  discharge  such  duties  as 
shall  be  prescribed  by  law,  or  by  the  rules  or 
orders  of  the  courts  by  which  they  are  severally 
appointed,  (Amendment  adopted  November  8, 
190-i.) 

Article   VI,   Section   23. 

Sec.  23.  No  one  shall  be  eligible  to  the  office 
of  a  jiistice  of  the  su]irome  court,  or  of  a  district 
court  of  appeal,  or  of  a  judge  of  a  superior  court, 


24  SUPPLEMENT  TO 

unless  he  shall  have  been  admitted  to  practice  be- 
fore the  supreme  court  of  the  state.  (Amend- 
ment adopted  November  8^  190-i.) 

Article  VI,  Section  24. 

Sec.  24.  No  judge  of  the  supreme  court  nor 
of  a  district  court  of  appeal,  nor  of  a  superior 
court,  shall  draw  or  receive  any  monthly  salary 
unless  he  shall  make  and  subscribe  an  affidavit 
before  an  officer  entitled  to  administer  oaths,  that 
no  cause  in  his  court  remains  pending  and  un- 
decided, that  has  been  submitted  for  decision  for 
a  period  of  ninety  days.  In  the  determination  of 
causes  all  decisions  of  the  supreme  court  and  of 
the  district  courts  of  appeal  shall  be  given  in  writ- 
ing, and  the  grounds  of  the  decision  shall  be 
stated.  When  the  Justices  of  a  district  court  of 
appeal  are  unable  to  concur  in  a  judgment,  they 
shall  give  their  several  opinions  in  writing  and 
cause  copies  thereof  to  be  forwarded  to  the  su- 
preme court.  (Amendment  adopted  November 
8,  1904.) 

Article  VI,  Section  25. 

Sec.  25.  The  present  supreme  court  commis- 
sion shall  be  abolished  at  the  expiration  of  its 
present  term  of  office,  and  no  supreme  court  com- 
mission shall  be  created  or  provided  for  after 
January  1st,  A.  D.  1905.  (Amendment  adopted 
Noveuiber  8,  1904.) 


TREADWELL  's  CONSTITUTION  OF  CALIFORNIA.  25 

Article  IX,   Section  4. 

Money  raised  for  the  support  of  the  common  schools 
does  not  become  a  part  of  the  school  fund  of  the 
county  until  it  has  been  apportioned  to  the  several 
counties  by  the  superintendent  of  public  instruction. 
(McCord  V.   Slavin,  143  Cal.  325.) 

Article  IX,  Section  6. 

Sec.  6.  The  public  school  system  shall  include 
primary  and  grammar  schools,  and  such  high 
schools,  evening  schools,  normal  schools,  and 
technical  schools  as  may  be  established  by  the 
legislature,  or  by  municipal  or  district  authority. 
The  entire  revenue  derived  from  the  state  school 
fund  and  from  the  general  state  school  tax  shall 
be  applied  exclusively  to  the  support  of  primary 
and  grammar  schools;  but  the  legislature  may 
authorize  and  cause  to  be  levied  a  special  state 
school  tax  for  the  support  of  high  schools  and 
technical  schools,  or  either  of  such  schools,  in- 
cluded in  the  public  school  system,  and  all 
revenue  derived  from  such  special  tax  shall  be 
applied  exclusively  to  the  support  of  the  schools 
for  which  such  special  tax  shall  be  levied. 
(Amendment  adopted  November  4,  1902.) 

AH  school  funds  must  be  applied  exclusively  to 
primary  and  grammar  schools.  (Stockton  School  Dis- 
trict V.  Wright,  134  Cal.  64,  66  Pac.  34.) 

The  provision  that  the  moneys  derived  from  the 
sale  of  uncovered  lands  should  be  "paid  into  the 
school  fund  of  the  county  where  the  land  lies"  was 
not  an  "appropriation"  of  these  moneys.  (McCord  v. 
Slavin,  143  Cal.  325.) 

While  high  schools  are  part  of  the  public  school 
system,  it  was  intended  to  make  them  entirely  dis- 
tinct from  primary  and  grammar  schools.  (Brown 
V.  City  of  Visalia,  i41  Cal.  372.) 


26  6ITPPLES^E^'T  TO 

The  term  "public  schools"  in  section  798  of  the 
Municipal  Corporation  Act  does  not  embrace  high 
schools.     (Brown  v.   City  of  Visalia,  141  Gal.  372.) 

Article  IX,  Section  12. 

Sec.  12.  All  property  now  or  hereafter  belong- 
ing to  the  'California  Academy  of  Sciences,"  an 
institution  for  the  advancement  of  science  and 
maintenance  of  a  free  museum,  and  chiefly  en- 
doweil  by  the  late  James  Lick,  and  incorporated 
under  the  laws  of  the  State  of  California,  January 
sixteenth,  eighteen  hundred  and  seventy-one,  hav- 
ing its  buildings  located  in  the  city  and  county 
of  San  Francisco,  shall  be  exempt  from  taxation. 
The  trustees  of  said  institution  must  annually  re- 
port their  proceedings  and  financial  accounts  to 
the  governor.  The  legislature  may  modify,  sus- 
pend, and  revive  at  will  the  exemption  from  taxa- 
tion herein  given.  (Xew  section  added  by 
amendment  approved  November  8,  1904:.) 

Article  XT,  Section  3. 

The  question  of  the  liability  of  the  new  and  old 
counties  is  purely  legislative.  (Eiverside  Co.  v.  San 
Bernardino  Co.,  134  Cal.  517,  66  Pac.  788.) 

Article   XI,    Section    5. 

The  legislature  cannot  delegate  the  power  given  it 
bv  this  section.  (People  v.  Wheeler,  136  Cal.  652,  69 
P'ac.   435.) 

The  provision  of  section  1770  of  the  Political  Code 
as  to  the  compensation  of  members  of  county  boards 
of  education  is  valid.  (Thom  v.  Los  Angeles,  136  Cal. 
375,  69  Pac.  18.) 

The  legislature  can  only  classify  counties  for  the 
purpose  of  fixing  salaries  of  county  officers.  Official 
reporters  of  the  superior  courts  are  not  such  officers. 
("Pratt  V.  Browne,  135  ("nl.  649,  67  Pac.  1082.) 


TREADWELL'S  CONSTITUTION  OF  CALIFORNIA.  27 

This  section  only  authorizes  the  legislature  to  clas- 
sify counties  for  the  purpose  of  regulating  the  com- 
pensation of  county  officers,  and  it  does  not  author- 
ize the  classification  of  townships  for  the  purpose  of 
regulating  compensation.  But  the  legislature  may 
classify  townships  for  the  purpose  of  determining  the 
number  of  township  officers.  (Sanchez  v.  Fordyce, 
141    Cal.  427.) 

Section  3678  of  the  Political  Code,  authorizing  the 
board  of  supervisors  to  provide  for  additional  cleri- 
cal force  to  enable  the  recorder  to  assist  the  assessor 
in  the  performance  of  his  duties,  violates  this  section. 
(Agard  v.  Shaffer,  141  Cal.  725.) 

Article   XI,   Section   6. 

The  control  of  the  almshouse  of  San  Francisco  is  a 
municipal  affair.  (Weaver  v.  Reddy,  135  Cal.  430,  67 
Pac.   683.) 

Municipal  charters  supersede  the  general  laws  upon 
municipal  affairs.  (People  v,  Williamson,  135  Cal. 
415,  67  Pac.  504.) 

The  functions  of  the  board  of  health  created  by  the 
charter  of  the  city  and  county  of  San  Francisco  are 
municipal  affairs.  (People  v.  Williamson,  135  Cal, 
415,  67  Pac.  504.) 

A  municipal  corporation  organized  under  a  special 
charter  prior  to  the  adoption  of  the  constitution  of 
1879  continues  to  exist  under  such  act  until  it  elects 
to  organize  under  the  general  laws,  or  to  obtain  a  free- 
holders' charter.     (Ex  parte  Helm,  143   Cal.  553.) 

Municipal  corporations  organized  under  special 
charters  are  not  subject  to  general  laws  on  "munici- 
pal affairs."  (Ex  parte  Helm,  143  Cal.  553;  Ex  parte 
Lemon,  143   Cal.   558.) 

The  provision  of  section  3366  of  the  Political  Code 
forbidding  the  imposition  of  a  license  tax  for  the  pur- 
pose of  revenue,  deals  with  a  municipal  affair.  (Ex 
parte  Helm,  143  Cal.  553;  Ex  parte  Lemon,  143  Cal. 
558.) 

The  matter  of  the  registration  of  voters  for  a  munic- 
ipal election  is  a  municipal  affair.  (People  v.  Wors- 
wick,   142   Cal.   71.) 

The  power  to  determine  boundaries  of  a  proposed 
town  cannot  be  exercised  by  the  legislature,  but  must 


28  SUPPLEJrEXT  TO 

be  exercised  by  subordinate  bodies.  (Vernon  v.  Su- 
pervisors, 142  Cal.  513.) 

A  provision  in  a  city  charter  couferrin:;;  upon  it 
power  to  impose  license  taxes  for  the  purpose  of 
revenue  relates  to  a  "municipal  affair"  and  is  su- 
perior to  the  general  law  forbidding  such  taxes.  (Ex 
parte  Braun,   141   Cal.   204.) 

The  school  system  is  a  matter  of  general  concern 
and  not  a  municipal  affair.  (Hancock  v.  Board  of 
Education,   110  Cal.  554.) 

Banaz  v.  Smith,  133  Cal.  102,  approved.  (German 
Sav.  etc.  Soc.  v.  Eamish,  138  Cal.  120.) 

The  payment  of  fees  of  jurors  in  criminal  actions 
is  a  state'  affair.     (Jackson  v.  Baehr,  138  Cal.  266.) 

Article  XI,  Section  8. 

Sec.  8.  Any  city  containing  a  popnlation  of 
more  than  three  thousand  five  hundred  in- 
habitants may  frame  a  charter  for  its  own  gov- 
ernment, consistent  with  and  subject  to  the 
constitution  and  laws  of  this  state,  by  causing 
a  board  of  fifteen  freeholders,  who  shall  have 
been  for  at  least  five  years  qualified  electors 
thereof,  to  be  elected  by  the  qualified  voters  of 
said  city  at  any  general  or  special  election,  whose 
duty  it  shall  be,  within  ninety  days  after  such 
election,  to  prepare  and  propose  a  charter  for 
such  city,  which  shall  be  signed  in  duplicate  by 
the  members  of  such  board,  or  a  majority  of 
them,  and  returned,  one  copy  to  tlic  mayor  there- 
of, or  other  chief  executive  officer  of  such  city, 
and  the  other  to  the  recorder  of  the  county.  Sucb 
proposed  charter  shall  tben  be  pul)lished  in  two 
daily  newspapers  of  general  cirouhition  in  such 
city,  for  at  least  twenty  days,  and  the  first  pub- 


TRKADWELL'S  CONSTITUTION  OF  CALIFORNIA.  29 

lication  shall  be  made  within  twenty  days  after 
the  completion  of  the  charter;  provided,  that  in 
cities  containing  a  population  of  not  more  than 
ten  thousand  inhabitants,  such  proposed  charter 
shall  be  published  in  one  such  daily  newspaper; 
and  within  not  less  than  thirty  days  after  such 
publication  it  shall  be  submitted  to  the  qualified 
electors  of  said  city  at  a  general  or  special  elec- 
tion, and  if  a  majority  of  such  qualified  electors 
voting  thereon  shall  ratify  the  same,  it  shall 
thereafter  be  submitted  to  the  legislature  for  its 
approval  or  rejection  as  a  whole,  without  power 
of  alteration  or  amendment.  Such  approval  may 
be  made  by  concurrent  resolution,  and  if  ap- 
proved by  a  majority  vote  of  the  members  elected 
to  each  house,  it  shall  become  the  charter  of  such 
city,  or,  if  such  city  be  cousolidated  with  a 
county,  then  of  such  city  and  county,  and  shall 
become  the  organic  law  thereof,  and  supersede 
any  existing  charter  and  all  amendments  there- 
of, and  all  laws  inconsistent  with  such  charter. 
A  copy  of  such  charter,  certified  by  the  mayor, 
or  chief  executive  officer,  and  authenticated  by 
the  seal  of  such  city,  setting  forth  the  submission 
of  such  charter  to  the  electors,  and  its  ratifica- 
tion by  them,  shall  after  the  approval  of  such 
charter  by  the  legislature,  be  made  in  duplicate, 
and  deposited,  one  in  the  office  of  the  secretary 
of  state,  and  the  other,  after  being  recorded  in 
said    recorder's  office,  shall    be  deposited  in  the 


30  supplemi:nt  to 

archives  of  the  city,  and  thereafter  all  courts 
shall  take  judicial  notice  of  said  charter.  The 
charter,  so  ratified,  may  be  amended  at  intervals 
of  not  less  than  two  years  by  proposals  therefor, 
submitted  by  the  legislative  authority  of  the 
city  to  the  qualified  electors  thereof  at  a  general 
or  special  election,  held  at  least  forty  days  after 
the  publication  of  such  proposals  for  twenty 
daA'S  in  a  daily  newspaper  of  general  circulation 
in  such  city,  and  ratified  by  a  majority  of  the 
electors  voting  thereon,  and  approved  by  the 
legislature  as  herein  provided  for  the  approval 
of  the  charter.  Whenever  fifteen  per  cent  of  the 
qualified  voters  of  the  city  shall  petition  the 
legislative  authority  thereof  to  submit  any  pro- 
posed amendment  or  amendments  to  said  charter 
to  the  qualified  voters  thereof  for  approval,  the 
legislative  authority  thereof  must  submit  the 
same.  In  submitting  any  such  charter,  or 
amendments  thereto,  any  alternative  article  or 
proposition  may  be  presented  for  the  choice  of 
the  voters,  and  may  be  voted  on  separately  with- 
out prejudice  to  others.  (Amendment  adopted 
November  4,  1902.) 

Where  a  newly  adopted  chnrter  expressly  provided 
for  a  preliminary  election  under  it  on  a  date  prior  to 
the  date  at  which  the  charter  is  to  take  effect,  the 
charter  is  to  be  construed  as  consistent  with  itself, 
and  the  general  provision  as  to  its  takinp;  effect, 
merely  means  that  the  machinery  of  the  new  govern- 
ment shall  not  start  until  the  later  date  and  does  not 
conflict  with  the  provision  for  a  prcliniinary  election. 
(Trafton  v.  Qiiinn,  143  ("al.  4(39.) 


TEEADWELL's  constitution  of  CALIFORNIA.  31 

A  reference  in  a  special  charter  of  a  city  to  a  par- 
ticular title  of  the  Political  Code  for  its  powers  and 
provisions  has  the  effect  to  make  the  appropriate 
title  a  part  of  the  charter  of  the  city.  (Ex  parte 
Lemon,  143  Cal.  558.) 

A  municipal  charter  must  receive  a  majority  of  all 
the  votes  cast  at  the  election,  and  not  merely  a  ma- 
jority of  the  notes  cast  thereupon.  (Santa  Eosa  v. 
Bower,  142   Cal.  299.) 

Article  XI,  Section  SMs- 

Under  this  provision  it  is  competent  for  the  charter 
of  a  city  and  county  to  provide  that  the  salary  of 
the  assessor  shall  be  in  full  compensation  for  his  ser- 
vices, although  the  general  law  allowed  him  extra 
compensation  for  collecting  poll  taxes.  (Matter  of 
Dodge,  135  Cal.  512,  67  Pac.  973.) 

As  to  the  meaning  of  the  word  "deputies"  as  used 
in  this  section,  see  Garnett  v.  Brooks,  136  Cal.  585, 
69  Pac.  298. 

Article  XI,  Section  9. 

Under  the  provisions  of  the  County  Government 
Act  providing  that  the  salaries  provided  for  therein 
shall  be  in  full  compensation  for  all  services  rendered 
bj^  the  of&cers,  the  clerk  of  the  board  of  supervisors 
is  not  entitled  to  receive  any  extra  compensation  for 
extra  work  done  by  him  in  preparing  data  for  a  claim 
of  the  county  against  the  state,  whether  rendered  in 
the  line  of  his  official  duty  or  otherwise.  (Humboldt 
V.  Stern,  136  Cal.  63,  68  Pac.  324.) 

This  section  only  applies  to  a  "county,  city,  town, 
or  municipal  officer,"  for  whose  term  of  office  the 
constitution  makes  no  provision,  and  does  not  apply 
to  superior  judges.  (People  v.  Campbell,  138  Cal. 
11.) 

Where  the  term  is  fixed  by  the  Constitution,  the 
legislature  has  no  power  to  extend  or  diminish  it. 
(People  V.  Campbell,  138  Cal.  11.) 

Article  XI,  Section  11. 

An  ordinance  making  it  unlawful  to  exhibit  in  any 
barred  or  barricaded  house  or  room  or  in  any  place 
built  or  protected  in  a  manner  to  make  it  difficult  of 


32  srrPLEirEXT  to 

access  to  police  officers,  when  three  or  more  persons 
are  present,  anv  cards,  etc..  is  valid.  (Matter  of  Ah 
Cheung,  136  Cal.  678,  69  Pac.  492.) 

In  determining  whether  or  not  an  ordinance  regu- 
lating a  lawful  business  is  reasonable  the  court  may 
consider  matters  dehors  the  ordinance,  but  not  the 
motives  of  the  supervisors.  (In  re  Smith,  143  Cal. 
368.) 

A  county  ordinance  prohibiting  the  maintenance  of 
rrasworks  in  a  sparsely  settled  rural  district,  and  which 
has  the  effect  to  stop  the  operation  of  the  gasworks 
of  the  petitioner,  in  the  immediate  vicinity  of  which 
there  are  no  dwelling-houses,  is  unreasonable.  (In  re 
Smith,  143  Cal.  368.) 

An  ordinance  of  the  city  and  county  of  San  Fran- 
cisco prohibiting  interments  of  dead  bodies?  within  the 
citv  limits  is  valid.  (Odd  Fellows'  Cera.  Assn.  v. 
San  Francisco,  140  Cal.  226.) 

An  act  providing  that  any  person  excluded  from  a 
place  of  amusement  may  recover  his  actual  damages 
and  a  penalty,  is  valid  as  a  police  regulation. 
(Greenberg  v.  Western  Turf  Assn.,  140  Cal.  357.) 

An  ordinance  making  it  unlawful  to  maintain  gas- 
works within  certain  defined  limits  is  valid.  (Dob- 
bins V.  Los  Angeles,  139  Cal.  179;  In  re  Daly,  139  Cal. 
216.) 

A  city  has  no  power  to  impose  a  license  tax  upon 
the  right  to  practice  law.  (Sonora  v.  Curtin,  137  Cal. 
583.) 

Article  XI,  Section  12. 

An  ordinance  imposing  a  license  tax  and  distin- 
guishing between  hotels  where  meals  are  cooked  and 
served  by  a  proprietor  or  the  members  of  his  family 
and  those  whore  meals  are  not  so  cooked  and  served 
is  valid.     (Ex  parte  Lemon,  143  Cal.  5o8.) 

License  taxes  for  revenue  are  taxes  within  the 
moaning  of  this  section.  (Ex  parte  Jackson,  143  Cal. 
564.) 

Article  XT,  Sef'tion  IS. 

This  provision  does  not  apply  to  a  board  of  trustees 
of  a  free  public  lil  rary  of  a  city.  (RoVertson  v.  Li- 
brary Trustees,  136  Cal.  403,  69  Pac.  88.) 


TREADWELL'S  CONSTITUTION  OF  CALIFORNIA.  33 

A  judgment  upon  a  claim  against  a  city,  although 
payable  only  out  of  the  funds  of  a  particular  fiscal 
year,  should  be  general  in  form  and  should  not  direct 
out  of  what  funds  it  should  be  paid.  (Fresno  etc. 
Co.  V.  McKenzie,  135  Cal.  497,  67  Pac.  900.) 

A  sum  payable  upon  a  contingency  is  not  a  debt 
■within  the  meaning  of  this  section,  and  cannot  become 
such  until  the  contingency  happens.  (Doland  v. 
Clark,  143  Cal.  176.) 

A  contract  to  continue  for  a  series  of  years,  and 
providing  for  payments  thereunder  at  different  times, 
is  not  in  violation  of  this  provision.  (Dolaud  v. 
Clark,  143  Cal.   176.) 

Article  XI,  Section  19. 

By  this  section  the  operation  of  gasworks  is  recog- 
nized as  a  lawful  business.     (In  re  Smith,  143  Cal.  368.) 

An  ordinance  requiring  persons  who  desire  to  lay 
pipes  in  the  streets  to  make  a  verified  application  for 
a  permit  from  the  superintendent  of  streets  is  in- 
valid and  is  not  a  regulation  for  "damages  and  in- 
demnity for  damages."  (In  re  Johnston,  137  Cal. 
115.) 

Article  XII,  Section  3. 

As  to  who  is  a  stockliolder  under  this  section, 
see    Abbott  v.  Jack,  136  Cal.  510,  69  Pac.  257. 

The  provision  of  this  section  as  to  the  liability  of 
directors  and  trustees  is  self-executing.  (Winchester 
V.  Howard,  136  Cal.  432,  69  Pac.  77.) 

The  proper  remedy  for  the  enforcement  of  this  pro- 
vision against  directors  and  trustees  is  by  bill  in 
equity.  (Winchester  v.  Howard,  136  Cal.  432,  69  Pac. 
77.) 

This  provision  is  not  in  violation  of  the  federal 
constitution.  (Winchester  v.  Howard,  136  Cal.  432, 
€9  Pac.  77.) 

An  assignee  of  a  depositor  in  a  bank  may  maintain 
an  action  under  this  section.  (Winchester  v.  Howard, 
136   Cal.  432,  69  Pac.  77.) 

Depositors  who  became  such  after  the  misappro- 
priation may  maintain  the  action.  (Winchester  v, 
Howard,  136  Cal.  432,  69  Pac.  77.) 

The  claim  of  the  creditor  need  not  be  reduced  to 
judgment  before  an  action  is  brought  under  this  pro- 


34  SUPPLEMENT  TO 

vision.  (Winchester  v.  Howard,  136  Cal.  432,  69  Pnc. 
77.) 

Nor  need  he  make  a  specific  demand  for  an  account- 
ing before  bringing  the  action.  (Winchester  v. 
Howard,  136  Cal.  432,  69  Pac.  77.) 

The  liability  of  a  stockholder  of  a  corporation  for 
his  proportionate  share  of  its  debts  is  created  by  stat- 
ute, and  barred  within  three  years  after  the  cause 
of  action  accrues.  (Jones  v.  Goldtree  Bros.  Co.,  142 
Cal.  383.) 

Article  XII,  Section  9. 

While  this  provision  is  mandatory  and  prohibitory, 
it  is  not  so  self-executing  as  to  deny  the  power  of  the 
legislature  to  prescribe  penalties  for  its  violation. 
(People  V.  Stockton  etc.  See,  133  Cal.  611,  65  Pac. 
1078.) 

Article  XII,  Section  14. 

A  stockholder  in  a  corporation  has  the  right  to  in- 
spect the  books,  records  and  journals  of  the  corpora- 
tion, and  this  right  may  be  enforced  by  mandamus. 
The  purpose  for  which  the  inspection  is  desired  is 
immaterial.  (Johnson  v.  Langdon,  135  Cal.  624,  67 
Pac.   1050.) 

Article  XII,  Section  16. 

An  action  to  recover  damages  for  trespass  upon 
real  property  may  be  brouglit  in  the  county  of  the 
principal  place  of  the  corporation  defendant.  (INFiller 
&  Lux  V.  Kern  County  Land  Co.,  134  Cal.  586,  66 
Pac.  856.) 

An  action  may  be  commenced  against  a  corpora- 
tion in  the  county  where  the  contract  was  made,  or 
where  it  was  to  be  performed.  (Bank  of  Yolo  v. 
Sperry  Flour  Co.,  141  Cal.  314.) 

Article  XIII,  Section  1. 

The  property  of  a  reclamation  district  is  public 
property  exempt  from  taxation.  (Reclamation  Dist. 
No.  551  V.  Sacramento,  134  Cal.  477,  66  Pac.  668.) 

A  balance  of  a  money  account  on  general  deposit  in 
a  bank  outside  of  the  state,  held  by  a  corporation  hav- 
ing its  principal  place  of  Imsiness  in  this  state,  is 
taxable    in    tliis    state    as   a    solvent     credit.     (Pacific 


TEEADWELL'S  CONSTITUTION  OF  CALIFORNIA.  35 

Coast  Sav.  Soc.  v.  San  Francisco,  133  Cal.  14,  65  Pac. 
16.) 

A  law  requiring  insane  persons  in  state  institutions 
to  be  supported  out  of  their  own  estates  is  valid. 
(Estate  of  Yturburru,  134  Cal.  567,  66  Pac.  729.) 

A  franchise  merely  to  be  a  corporation  is  property, 
which  is  assessable  to  the  corporation.  (Bank  of  Cal- 
ifornia V.  San  Francisco,  142  Cal.  276'.) 

As  to  the  proper  meth'od  of  arriving  at  the  value 
of  a  franchise  to  be  a  corporation  for  the  purpose  of 
taxation,  see  Bank  of  California  v.  San  Francisco, 
142  Cal.  27<3. 

Checks  drawn  upon  the  treasurer  of  the  United 
States,  payable  on  demand,  as  a  mode  of  paying  an 
obligation  of  the  United  States,  are  taxable  as  solvent 
credits.  (Hibernia  etc.  Soc.  v.  San  Francisco,  139 
Cal.   205.) 

The  provisions  of  the  Political  Code  in  regard  to 
road  taxes  are  not  in  violation  of  th^s  section  because 
cities  and  towns  are  exempted  from  their  operation, 
since  this  does  not  exempt  cities  and  towns  from  the 
tax,  but  compels  cities  and  towns  to  maintain  their 
own  streets  under  the  street  improvement  act. 
(Miller  v.   County  of  Kern,  137  Cal.  516.) 

Alfalfa  is  not  included  in  the  exemption  of  "grow- 
ing crops."     (Miller  v.  County  of  Kern,  137  Cal.  516.) 

Article  XIII,  Section  1%. 

Sec.  If.  All  bonds  hereafter  issued  by  the 
State  of  California,  or  by  any  county,  city  and 
county,  municipal  corporation,  or  district  (in- 
cluding school,  reclamation,  and  irrigation  dis- 
tricts) within  said  state,  shall  be  free  and 
exempt  from  taxation.  (Amendment  adopted 
November  4,  1902.) 

Article  XIII,  Section  2. 

The  constitution  leaves  it  to  the  legislature  to  de- 
fine "improvements,"  and  alfalfa,  not  being  included 
in  the  legislative  definition,  must  be  taxed  as  realty 


36  SUPPLEifEXT  TO 

and  not  as  improvements.     (Miller  v.  County  of  Kern, 
137   Cal.   516.) 

Article  XIII,  Section  3. 

Where  the  mortgagor  pays  the  interest  on  the  mort- 
gage he  cannot  recover  it  back  on  the  ground  that 
the  mortgage  provides  that  the  mortgagor  shuU  pay 
the  interest  on  the  mortgage.  (Matthews  v.  Oimerd, 
140  Cal.  578.) 

Article  XIII,  Section  4, 

A  first  mortgagee,  having  foreclosed  his  mortgage 
against  a  second  mortgagee,  cannot  maintain  an  ac- 
tion against  the  latter  to  recover  money  paid  by  him 
to  redeem  the  property  from  taxes  assessed  upon  the 
second  mortgage.  (Canadian  etc.  Co.  v.  Boas,  136 
Cal.  419,  69  Pac.  18.) 

Article  XIII,  Section  10. 

This  provision  has  reference  to  the  permanent 
situs  of  the  property,  as  distinguished  from  the  place 
of  temporary  sojourn,  or  transit.  (Rosasco  v.  Tu- 
olumne, 143  Cal.  430.) 

The  provisions  of  this  section  do  not  apply  to 
"street"  railroads,  though  operating  in  more  than 
one  county.  (San  Francisco  etc.  Ry.  Co.  v.  Scott,  142 
Cal.   222.) 

Water  ditches  for  irrigating  purposes  must  be  as- 
sessed the  same  as  real  estate  in  the  county  in  which 
they  are  situated.  (Kern  Valley  Land  Co.  v.  County 
of  Kern,  137   Cal.  511.) 

A  county  has  no  authority  to  collect  taxes  upon  a 
railroad  operated  in  more  than  one  county,  which 
are  due  to  a  school  district.  (San  Bernardino  v. 
Southern  Pac.  R.  R.  Co.,  137  Cal.  659.) 

Articule  XIII,  Section  IOV2. 

Sec.  10^.  The  personal  property  of  every 
householder  to  the  amount  of  one  hundred  dollars, 
the  articles  to  be  selected  by  each  householder, 
shall  be    exempt  from    taxation.    "(New    section 


TREADWELL'S  CONSTITUTION  OF  CALIFORNIA.  3? 

added   by   amendment    approved    November    8, 
1904.) 

Article   XIII,   Section   13. 

Under  this  provision  the  legislature  may  define  the 
words  "improvements"  and  "property."  (Miller  v. 
County  of  Kern,  137  Cal.  516i.) 

Article  XIV,  Section   1. 

Where  the  owners  of  water  unite  in  some  joint 
method  of  distributing  the  water  among  them,  such 
as  the  formation  of  a  corporation,  this  does  not  make 
the  water  a  public  use.  (Hildret'h  v.  Montecito  C. 
W.  Co.,  139  Cal.  22.) 

Where  the  execution  of  an  ordinance  fixing  water 
rates  has  been  enjoined,  the  city  may,  pending  such 
injunction,  enter  into  an  agreement  with  the  water 
company  fixing  a  price  to  be  paid  by  the  city  for 
water  furnished.  (Contra  Costa  W.  Co.  v.  Breed,  139 
Cal.   432.) 

The  words  "otherwise  than  as  so  establis'hed," 
mean  in  violation  of  or  contrary  to  the  established 
rates.     (Contra  Costa  W.  Co.  v.  Breed,  139  Cal.  432.) 

As  to  the  effect  of  an  injunction  forbidding  the  exe- 
cution of  an  ordinance  establishing  water  rates,  see 
Contra  Costa  W.  Co.  v.  Breed,  139  Cal.  432. 

Article  XVII,  Section  1. 

As  to  what  constitutes  a  homestead,  see  Estate  of 
Gallagher,  134  Cal.  96,  66  Pac.  70. 

Article  XX,   Section  4. 

The  provision  of  the  act  regulating  fhe  practice  of 
medicine  and  surgery,  that  the  board  of  examiners  shall 
be  appointed  by  certain  medical  societies  is  author- 
ized by  this  section.     (Ex  parte  Gerino,  143  Cal.  412.) 

Under  this  section  officers  may  be  appointed  by  the 
legislature  itself,  or  the  duty  of  appointment  may  be 
delegated  and  imposed  upon  some  other  person  or 
body.     (Ex  parte  Gerino,  143  Cal.  412.) 


38  SrPPLEMEXT  TO 

Article  XX,  Section  9. 

A  trust  for  the  perpetual  care  of  a  burial  plat  is  in 
violation  of  this  provision.  (Estate  of  Gay,  138  Cal. 
552.) 

Article  XX,  Section  10. 

Where  the  term  of  an  officer  is  not  fixed  by  law,  he 
may  be  removed  by  the  appointing  power;  and  a 
statute  providing  that  he  can  only  be  removed  for 
cause,  after  a  hearing,  is  invalid.  (Sponogle  v.  Cur- 
now,  136  Cal.  580,  69  Pac.  255.) 

Article  XX,  Section  15. 

The  provision  of  this  section  respecting  mechanics' 
liens  is  subordinate  to  the  Declaration  of  Eights. 
(Stimson  M.  Co.  v.  Braun,  136  Cal.  122,  68  Pac.  481.) 

The  provision  of  section  1203  of  the  Code  of  Civil 
Procedure  requiring  contractors  for  the  erection  of 
buildings  to  secure  their  contracts  by  bonds  is  not 
authorized  bv  this  section.  (Shaughnessy  v.  American 
Surety  Co.,  138  Cal.  543.) 

This  section  only  provides  for  a  lien  where  the  ma- 
terials have  actually  been  used  upon  the  property 
upon  which  the  lien  is  claimed.  (Bennett  v.  Beadly, 
142   Cal.  239.) 

Article  XX,  Section  16. 

A  hospital  physician  of  the  county  is  not  a  public 
officer.  (People  v.  Wheeler,  136  Cal.  652,  69  Pac. 
435.) 

This  section  only  applies  to  officers  whose  term  is 
"not  provided  for  in  the  constitution"  and  docs  not 
apply  to  superior  judges.  (People  v.  Campbell,  138 
Cal.  11.) 

Article  XX,  Section  17. 

Sec.  17.  The  time  of  service  of  all  laborers 
or  workmen  or  mechanics  employed  upon  any 
public  works  of  tlie  state  of  California,  or  of  any 
county,    city    ami    county,    city,    town,    district. 


TREADWELL  'S  CONSTITUTION  OF  CALIFORXIA.  39 

township,  or  any  other  political  subdivision 
thereof,  whether  said  work  is  done  by  contract 
or  otherwise,  shall  be  limited  and  restricted  to 
eight  hours  in  any  one  calendar  day,  except  in 
cases  of  extraordinary  emergency  caused  by  fire, 
flood,  or  danger  to  life  and  property,  or  except  to 
work  upon  public,  military,  or  naval  works  or 
defenses  in  time  of  war,  and  the  legislature  shall 
provide  by  law  that  a  stipulation  to  this  effect 
shall  be  incorporated  in  all  contracts  for  public 
work  and  prescribe  proper  penalties  for  the 
speedy  and  efficient  enforcement  of  said  law. 
(Amendment  adopted  November  4,  1903.) 


40  SUPPLEMEXT  TO 


STATUTES  DECLAEED  UNCONSTITUTIONAL  IN 

WHOLE  OE  IN  PAET. 
Statutes.    Page.    Chapter.  Case. 

1873-4      320         453     Weher    v.  Santa    Clara,  59    CaL 

265. 
1S80         119         109     Bixler's  Appeal,  59  Cal.  550;  Bix- 
ler  V.  Sacramento,  Z9  Cal.  689. 
(Decision  of  Superior  Court.) 
1880         131         118     Krause  v.  Durbrow,  127  Cal.  681, 

60  Pac.  438. 
1889  3  5     Sehaezlein    v.  Cabaniss,    135  Cal. 

466,  67  Pac.  755. 
Patty  V.  Colgan,  97  Cal.  251. 
Bourn  v.  Hart,  93  Cal.  321. 
Bradley  v.  Clark,  133  Cal.  196,  65 
Pac. '395. 

1893         229         188    Provident    etc.    Assn.    v.    Davis, 
143  Cal.  253. 
Knijrht  V.  Martin,  128  Cal.  245. 

Conlin    v.  Supervisors,     114    Cal. 
404. 

Eeid  V.  Groezinger,  115  Cal.  551. 

Estate  of  Mahoney,  133  Cal.  ISO, 

65  Pac.  389.  Overruled  in  Es- 
tate  of  Johnson,  139   Cal.  532. 

Matter  of  Lambert,  134  Cal.  626, 

66  Pac.  851. 
Van  Harlingen  v.  Doyle,  134  Cal. 

53,  6<3  Pac,  44;  Ex  pirte  An- 
derson, 134  Cal.  69,  66  Pac. 
194;  Pratt  v.  Browne,  135  Cal. 
649,  67  Pac.  1082. 


1891 

450 

231 

1891 

513 

279 

1893 

12 

16 

1S93 

346 

234 

1895 

348 

223 

1895 

267 

207 

1897 

77 

83 

1897 

311 

227 

1897 

452 

277 

TREADWELL'S  constitution  of  CALIFORNIA.  41 

CALIFOENIA  CITATIONS  TO  CONSTITUTION  OF 

1879. 

[Citations  are  to  California  Reports,  Vols.  133  to  143.] 


I-l 

III-l 

VI-4 

IX-6 

133  354 

140    1 

138  429 

134   65 

133  377 

142  628 

141  375 

136  125 

IV-1 

139   28 

VI-5 

XI-1 

1-7 

133   59 

134   70 

139  589 

IV-21 

134  588 

1-9 
139  121 

136  445 

138   70 

XI-3 

IV-24 

138  154 
140  133 

134  522 

I-ll 
134   55 

133   76 

XI-4 

134  478 

VI-6 

134   70 

136  528 

135  652 

133  455 

137  481 

139  463 

135  653 

XI-5 

138  381 

140  487 

138   15 

134   70 

140  487 

141  334 

139  477 

135  650 

143  414 

142   13 

136  376 

143  258 

VI-7 
133  455 

136  655 

1-13 
133  351 

143  627 

141  429 
141  726 

136  125 

IV-25 

135  518 

VI-11 

XI-6 

1-14 

137  518 

133   76 

133  104 

133  105 

138  381 

143  246 

135  519 

137  579 

140  480 

138  131 

137  621 

142  195 

VI-17 

138  152 

143  414 

138   37 

141  207 

1-15 

142  515 

134  661 

IV-31 

VI-19 
133  398 

143  553 

1-21 

138  273 
143  331 

143  567 

1.34   55 

XI-8 

137  181 

IV-32 

IX-4 

133  104 

143  414 

138  275 

143  331 

134   52 

143  573 

138  131 

YI-1 

IX- 5 

141  207 

TT-l 

140   12 

134   65 

142  300 

136  451 

143  246 

141  376 

143  556 

THE 

CONSTITUTION 

OF    THE 

STATE  OF  CALIFORNIA. 


Adopted  in  Convention,  at  Sacramento,  March  3, 1879 ; 
Ratified  by  a  Vote  of  the  People 

May  7,  1879. 


annotated  by 
EDWARD    F.    TREADWELL,  LL.  B. 

(Of  the  San  Francisco  Bar) 
Author  of  Annotated  San  Francisco  Charter. 


Together  with  a  Table  of  Statutes  Declared  Unconstitu- 
tional, Table  of  Parallel  Sections  in  the  Constitu- 
tions of  1849  and  1879,  Table  of  California  Cita- 
tions to  Constitutions  of  1849  and  1879,  and 
also  with  an  Appendix  Containing  the 
Constitution  of  California  of  1849, 
the  Constitution  of  the  United 
States,  and  the  Treaty  of 
Guadalupe  Hidalgo. 

Containing  all  Citations  in  California  Reports 
Vols.  1  to  132. 


SAN  FRANCISCO: 

BANCROFT-WHITNEY   COMPANY, 

Law  Ptjblisheks  and  Law  Booksellers. 
1902. 


Copyright,  1902, 

By 

Bancroft-  Whitney  Company. 


TABLE  OF  CONTENTS. 


Pagos 
Introduction v-xvi 

Table   of    Cases    Cited xvii-lii 

Table  of  Contents  of  Constitution   of   1879.  .liii-lxiii 

Constitution  of  California  of  1879,  Anno- 
tated           1-371 

Table  of  Statutes  Declared  Unconstitu- 
tional       372-377 

Table   of    Pai-allel    Sections    in    Constitutions 

of   1819   and    1879 ^ 378-381 

Table  of  California  Citations  to  Constitu- 
tion  of    1849    382-385 

Table  of  California  Citations  to  Constitu- 
tion  of    1879 386-394 

APPENDIX: 

Constitution   of   California,    1849 397-447 

Constitution  of  the  United   States 451-494 

Treaty    of    Guadalupe    riidalgo 195-525 

Index    to   Constitution   of   U.    S 527-557 

Index    to   Constitution   of   California,    1879.  .  559-()38 
(iii) 


INTRODUCTION. 


PREFATORY  NOTE.— It  is  unnecessary  to  make 
any  extended  explanation  in  laying  before  the 
Bar  of  California  a  work  upon  the  constitution 
of  California.  The  edition  published  by  Mr. 
Robert  Desty  in  1879  was  excellent  in  its  time, 
but  has  long  ceased  to  be  of  practical  aid  to  the 
profession.  In  preparing  this  volume,  the  aim 
has  been  to  present  in  the  most  convenient  form 
the  decisions  of  our  own  courts,  only  referring 
to  the  decisions  of  other  courts  on  subjects  which 
our  own  have  left  i;ntouched.  While  the  main 
subject  is  the  present  constitution  of  this  state, 
the  book  also  contains  the  former  constitution,  the 
constitution  of  the  United  States,  and  the  treaty 
of  Guadalupe  Hidalgo. 

New  features. — Some  new  and  important  feat- 
ures are  the  following:  (1)  A  table  showing  all 
statutes  of  this  state  which  have  been  declared  un- 
constitutional in  whole  or  in  part.  There  are 
over  one  hundred  and  thirty  such  statutes  scat- 
tered through  the  statute  books,  and  this  is  the 

(V) 


n  IXTKODUCTION. 

first  time  any  table  of  them  has  been  made.  (2) 
A  table  of  all  California  citations  to  either  of  the 
California  constitutions.  This  will  permit  a 
hasty  examination  of  all  decisions  citing  any 
particular  section  of  the  constitution.  (3)  A  ta- 
ble of  parallel  sections  in  the  constitutions  of 
1849  and  1879,  which  will  also  prove  a  useful 
feature. 

Annotations. — As  to  the  form  of  the  annota- 
tions, the  aim  has  been  to  present  in  the  most 
condensed  form  the  principles  of  the  decisions, 
rather  than  any  statement  of  the  facts  of  the  cases. 
In  other  words,  we  have  attempted  something 
more  than  a  mere  digest,  or  a  hotchpotch  of  the 
syllahi  of  the  decisions. 

HISTORY  OF  THE  CONSTITUTION  .—Calif  or- 

nia  was  admitted  into  the  Union  of  states  Sep- 
tember 9,  1850.  The  first  constitution  was  adopt- 
ed in  convention  October  10,  1849,  ratified  by  the 
people  November  13,  1849,  proclaimed  December 
20,  1849.  This  constitution  was  amended  in 
1857  and  1871,  and  the  article  on  the  judicial  de- 
partment was  revised  in  1862. 

The  present  constitution  was  adopted  in  con- 
vention March  3,  1879,  ratified  by  the  people  May 
7,  1879,  and  went  into  clfcct  July  4,  1879,  so  far 
as  it  related  to  election  of  odicors,  etc.,  and  Janu- 
ary 1, 1880,  for  all  other  purposes.  Various  amend- 
ments have  been  made  to  it  from  time  to  time, 
but  no  radical  revision  of  it  has  been  effected. 


INTRODUCTION.  Vii 

CONSTITUTIONAL     CONSTRUCTION .  —  The 

constitution  of  this  state,  unlike  the  federal  con- 
stitution, is  not  to  be  considered  as  a  grant  of 
power,  but  rather  as  a  limitation  upon  the  pow- 
ers of  the  legislature,  (People  v.  Coleman,  4 
Cal.  46;  People  v.  Jewett,  6  Cal.  291;  People  v. 
Eogers,  13  Cal.  159;  People  v.  Twelfth  District 
Court,  17  Cal.  547;  Bourland  v.  Hildreth,  26 
Cal.  161;  Ex  parte  McCarthy,  29  Cal.  395.) 

It  is,  however,  to  be  considered  as,  a  grant  of 
power  to  the  other  branches  of  the  government. 
(People  V.  Jewett,  6  Cal.  291.) 

Words  and  phrases. — Where  a  word,  having  a 
technical,  as  well  as  a  popular,  meaning,  is  used 
in  the  constitution,  the  courts  will  accord  to  it 
its  popular  meaning,  unless  the  nature  of  the 
subject  indicates,  or  the  context  suggests,  that  it 
is  used  in  its  technical  sense.  (Weill  v.  Ken- 
field,  54  Cal.  Ill;  Oakland  Pav.  Co.  v.  Hilton,  69 
Cal.  479,  11  Pac.  3;  Oakland  Pav.  Co.  v.  Tomp- 
kins, 72  Cal.  5,  12  Pac.  801 ;  Miller  v.  Dunn.  72 
Cal.  462,  14  Pac.  27;  People  v.  Eddy,  43  Cal. 
331.) 

Prospective  construction. — Provisions  of  the 
constitution  are  to  be  considered  prospective  and 
not  retrospective  unless  a  contrary  intention  clear- 
ly appears.  (Gurnee  v.  Superior  Court,  58  Cal. 
88.) 


Viii  INTRODUCTION. 

Reasonable  construction .  —  A  construction 
should  be  adopted  which  tends  to  certainty,  se- 
curity, and  substantial  justice,  in  preference  to 
that  which  involves  uncertainty,  insecurity,  and 
inevitable  injustice.  (San  Gabriel  Co,  v.  Wit- 
mer  Co.,  96  Cal.  623,  29  Pac.  500,  31  Pac.  588.) 

But  where  a  provision  is  plain  and  unambigu- 
ous, it  cannot  be  changed  by  the  courts  to  avoid 
what  may  seem  to  be  an  absurdity  or  injustice. 
(Moran  v.  Eoss,  79  Cal.  549,  21  Pac.  958.) 

All  the  provisions  of  the  constitution  must  be 
read  together,  and  effect  given  to  all  of  them. 
They  must  receive  a  practical  common-sense  con- 
struction, and  be  considered  with  reference  to  the 
prior  state  of  the  law,  and  the  mischief  intended 
to  be  remedied.  (People  v.  Stephens,  62  Cal. 
209;  French  v.  Teschemakcr,  24  Cal.  518.) 

MEANS  OF  CONSTRUCTION— Debates  of  the 
convention. — The  debates  of  the  constitutional 
convention  may  be  referred  to  for  the  purpose  of 
construing  the  provisions  of  the  constitution. 
(People  V.  Chapman,  61  Cal.  262;  People  v.  Ste- 
phens, 62  Cal.  209;  Isola  v.  Webber,  13  Misc. 
Rep.  100;  Higgins  v.  Prater,  91  Ky.  6;  State  v. 
Doron,  5  Nev.  399.) 

Judicial  decisions. — Where  a  provision  of  the 
former  constitution,  whicli  lias  received  a  judi- 
cial construction,  is  cojjied  into  llie  now  consti- 
tution, it  will  be  presumed  that  it  was  adopted  in 


lATRODUCTIOX.  IX 

view  of  that  construction.  (Sharon  v.  Sharon, 
67  Cal.  185,  7  Pac.  456,  8  Pac.  709 ;  Thomason  v. 
Ruggles,  69  Cal.  465,  11  Pac.  20;  Lord  v.  Dun- 
ster,  79  Cal.  477,  21  Pac.  865;  People  v.  Free- 
man, 80  Cal.  233,  22  Pac.  173;  People  v.  O'Brien, 
96  Cal.  171,  31  Pac.  45;  Morton  v.  Broderick,  118 
Cal.  474,  50  Pac.  644;  Ex  parte  Ahern,  103  Cal. 
412,  37  Pac.  390;  People  v.  Edwards,  93  Cal. 
153,  28  Pac.  831;  Palache  v.  Hunt,  64  Cal.  473, 
2  Pac.  245.) 

The  mere  fact  that  a  change  is  made  in  the 
phraseology  of  such  provision  b}^  subsequent  re- 
vision will  not  be  deemed  a  change  in  the  law, 
unless  such  phraseology  evidently  purports  an  in- 
tention to  make  a  change.  (Hyatt  v.  Allen,  54 
Cal.  353.) 

The  same  rule  applies  to  provisions  of  the  con- 
stitution borrowed  from  the  constitutions  of  other 
states,  and  where  such  provisions  have  received 
judicial  construction  in  such  states,  they  are  to 
be  deemed  to  have  been  adopted  in  view  of  such 
construction.  (People  v.  Coleman,  4  Cal.  46; 
People  V.  Webb,  38  Cal.  467;  Ex  parte  Liddell, 
93  Cal.  633,  29  Pac.  251.) 

The  exposition  of  the  constitution  by  the  high- 
est court  in  existence  under  it,  with  regard  to 
laws  passed  while  it  was  in  force,  should  be  ac- 
cepted by  all  succeeding  courts,  without  regard 
to  their  own  views  as  to  the  correctness  of  the 
doctrine.     (Staude  v.  Election   Commrs.,  61  Cal. 


INTRODUCTION. 


313;  Emery  v.  Eeed,  65  Cal.  351,  4  Pac.  200; 
Davis  V.  Superior  Court,  63  Cal.  581.  See,  also, 
Ferris  v.  Coover,  11  Cal.  175.) 

Legislative  construction . — Legislative  construc- 
tion of  a  constitutional  provision  is  a  method  of 
interpretation.  (Moran  v.  Ross,  79  Cal,  159,  21 
Pac.  547;  San  Luis  Obispo  Co.  v.  Darke,  76  Cal. 
92,  18  Pac.  118;  Lord  v.  Dunstcr,  79  Cal.  477, 
21  Pac.  865;  Washington  v.  Page,  4  Cal.  388.) 

But  this  does  not  mean  that  the  hasty  and  in- 
considerate legislation  of  three  winters  shall  be 
conclusive  of  the  constitutionality  of  such  legis- 
lation.    (People  V.  Wells,  2  Cal.  198,  208.) 

POWER  TO  DECLARE  STATUTES  UNCONSTI- 
TUTIONAL.— A  government  with  no  limits  but 
its  own  discretion  is  not  a  constitutional  govern- 
ment, in  the  true  sense  of  the  term.  (Billings 
V.  Hall,  7  Cal.  1.) 

The  constitution  is  a  law,  and  must  be  con- 
strued by  some  one,  and.  the  judiciary  possesses 
the  power  to  construe  it  in  all  cases  not  expressly, 
or  by  necessary  implication,  reserved  to  the  otlier 
departments.  (Nougues  v.  Douglass,  7  Cal.  65; 
McCauley  v.  Brooks,  16  Cal.  11.) 

But  where  the  riglit  to  determine  the  extent  and 
effect  of  a  restriction  in  the  constitution  is  ex- 
pressly or  by  necessary  implication  confided  to 
the  legislature,  the  judiciary  has  no  right  to  in- 


INTRODUCTION.  Xi 

terfere  with  the  legislative  construction.  (Noiigiies 
V.  Douglass,  7  Cal.  65.) 

In  declaring  a  statute  unconstitutional,  the 
court  cannot  interfere  with  the  exercise  of  the 
political  power  of  the  legislature.  (Nougues  v. 
Douglass,  7  Cal.  65.) 

The  courts  can  declare  a  statute  unconstitutional 
only  when  the  question  arises  as  a  pure  matter 
of  law  unmixed  with  matters  of  fact.  (Stevenson 
V.  Colgan,  91  Cal.  649,  27  Pac.  1089.) 

Therefore,  the  constitutionality  of  a  statute  can 
be  determined  only  from  the  facts  appearing  upon 
the  face  of  the  law,  taken  in  connection  with  mat- 
ters of  which  the  court  can  take  judicial  notice. 
(Bourn  v.  Hart,  93  Cal.  321,  28  Pac.  951 ;  Ste- 
venson V.  Colgan,  91  Cal.  649,  27  Pac.  1089 ;  Con- 
lin  V.  Supervisors,  99  Cal.  17,  33  Pac.  753 ;  Fow- 
ler V.  Peirce,  2  Cal.  165.) 

But,  while  the  courts  may  declare  statutes  un- 
constitutional, they  have  no  power  to  avoid  the  ef- 
fects of  nonaction  on  the  part  of  the  legislature. 
(Myers  v.  English,  9  Cal.  341.) 

Presumption  of  constitutionality. — An  act  of 

the  legislature  is  presumed  to  be  constitutional. 
(In  re  Madera  Irr.  Dist.,  92  Cal.  296,  28  Pac. 
272;  People  v.  Hayne,  83  Cal.  Ill,  23  Pac.  1.) 
A  statute  will  not  be  declared  unconstitutional, 
except  when  the  conflict  between  it  and  the  con- 
stitution is  palpable  and  incapable  of  reconcilia- 


Xn  INTRODUCTION. 

tion.  (Stockton  etc.  E.  E.  Co.  v.  Stockton,  41 
Cal.  147;  People  v.  Sassovich,  29  Cal.  480.) 

Where  there  is  a  reasonable  doubt  as  to  its  con- 
stitutionality, its  constitutionality  should  be  af- 
firmed. (University  of  California  v.  Bernard,  57 
Cal.  612;  Bourland  v.  Hildreth,  26  Cal.  161.) 

An  act  is  to  be  so  construed,  if  possible,  as  to 
make  it  constitutional.  (French  v.  Teschemaker, 
24  Cal.  518.) 

Conflict  with  the  constitution. — In  passing 
upon  the  constitutionality  of  a  statute,  the  court 
is  not  required  to  imagine  some  possible  contin- 
gency in  which  its  provisions  might  conflict  with 
the  constitution.  (Woodward  v.  Fruitvale  Sani- 
tary Dist.,  99  Cal.  554,  34  Pac.  239.) 

In  order  to  declare  a  statute  unconstitutional, 
it-  is  not  necessary  to  find  in  the  constitution  some 
specific  inhibition  which  has  been  disregarded,  or 
some  express  command  wliicli  lias  been  disobeyed; 
but  if  the  statute  is  contrary  to  the  first  princi- 
ples of  the  social  compact,  it  is  void.  (Britton  v. 
Board  of  Election  Commrs.,  129  Cal.  337,  61  Pac. 
1115.) 

Nor  is  it  necessary  to  find  some  specific  inhibi- 
tion which,  in  precise  language,  refers  to  the  par- 
ticular law.      (People  v.  Lynch,  51  Cal.  15.) 

But  the  courts  cannot  declare  a  law  void  upon 
the  ground  that  it  is  contrary  to  the  "spirit  and 
policy  of  the  constitution,"  unless  it  is  at  variance 


INTRODUCTION.  Xiii 

with  some  express  or  clearly  implied  provision  of 
that  instrument.  (Cohen  v.  Wright,  22  Cal.  293; 
Pattison  v.  Yuha  Co.,  13  Cal.  175.) 

Conflict  with  another  statute. — The  constitu- 
tionality of  one  act  cannot  be  tested  by  the  pro- 
visions of  another.  (Eeed  v.  Omnibus  E.  E.  Co., 
33  Cal.  212.) 

Motives . — The  motives  which  induce  legislative 
action  are  not  a  subject  of  judicial  inquiry,  and  a 
legislative  act  cannot  be  declared  unconstitutional 
because,  in  the  opinion  of  the  court,  it  was  or 
might  have  been  the  result  of  improper  considera- 
tions. (People  v.  Glenn  Co.,  100  Cal.  419,  35 
Pac.  302;  People  v.  Bigler,  5  Cal.  23.) 

The  motives  of  the  authors  of  a  statute  are 
equally  immaterial.  (Stockton  etc.  E.  E.  Co.  v. 
Stockton,  41  Cal.  147.) 

Beneficial  character. — In  determining  the  con- 
stitutionality of  a  statute,  its  beneficial  character 
cannot  be  considered.  (Marsh  v.  Supervisors,  111 
CaL  368,  43  Pac.  975.) 

On  the  other  hand,  in  construing  the  constitu- 
tion, the  courts  are  bound  to  suppose  that  any  in- 
conveniences involved  in  the  application  of  its  pro- 
visions were  considered  in  its  formation,  and  ac- 
cepted as  less  intolerable  than  those  avoided,  or 
as  compensated  by  countervailing  advantages. 
(People  V.  Pendegast,  96  Cal.  289,  31  Pac.  103.) 

Constitution — ii 


XIV  INTRODUCTION". 

Impracticable  statute. — A  statute  may  also  be 
declared  void  if  it  is  impracticable.  Thus  an  act 
providing  for  the  appointment  of  three  disinter- 
ested freeholders  in  the  city  and  county  of  San 
Francisco  to  form  an  assessment  district,  which 
might  include  the  entire  city  and  county,  and  to 
assess  the  lands  of  the  district  for  certain  improve- 
ments, is  void  as  impracticable,  since  it  would 
be  impossible  to  select  disinterested  commissioners. 
(Montgomery  Avenue  Case,  54  Cal.  579.) 

EFFECT  OF  ITNCONSTITUTIONALITY— Sep- 
arable provisions. — The  mere  fact  that  certain 
provisions  of  a  statute  are  in  conflict  with  the  con- 
stitution does  not  necessarily  render  the  entire  act 
void.  Where  the  court  can  see  that  an  act,  after 
eliminating  all  unconstitutional  features,  is  still 
such  an  act  as  it  may  be  presumed  the  legislature 
would  have  passed  had  it  known  such  parts  were 
void,  the  remainder  may  stand.  (Dwyer  v.  Park- 
er, 115  Cal.  544,  47  Pac.  372.) 

If  the  different  parts  are  severable  and  inde- 
pendent of  each  otlier,  and  the  constitutional  pro- 
visions are  capable  of  being  carried  into  effect  after 
the  unconstitutional  part  has  been  eliininated,  and 
it  is  clear  that  it  was  the  intent  of  the  legislature 
to  enact  these  provisions  irrespective  of  the  other, 
the  unconstitutional  provisions  will  be  disregarded, 
and  tlic  slatuto  read  as  if  such  provisions  were  not 
there.     (Hale  v.   McGcttigan,   114  Cal.   112,  45 


INTKODUCTION.  XV 

Pac.  1049;  Lathrop  v.  Mills,  19  Cal.  513;  French 
V.  Teschemaker,  24  Cal.  518 ;  Mills  v.  Sargent,  36 
Cal.  379 ;  Christy  v.  Supervisors,  39  Cal.  3 ;  Mc- 
Cabe  V.  Jefferds,  122  Cal.  302,  54  Pac.  897;  Rood 
V.  McCargar,  49  Cal.  117;  Johnson  v.  Tautphaus, 
127  Cal.  605,  60  Pac.  172;  People  v.  Whyler, 
41  Cal.  351;  McGowan  v.  McDonald,  111  Cal.  57, 
43  Pac.  418;  Cahen  v.  Wells,  132  Cal.  447.) 

Inseparable  provisions. — Where  the  constitu- 
tional and  unconstitutional  provisions  of  a  statute 
are  so  inseparably  blended  together  as  to  make 
it  clear  that  either  clause  would  not  have  been  en- 
acted without  the  other,  the  whole  act  is  void. 
(San  Francisco  v.  Spring  Valley  W.  W.,  48  Cal. 
493;  Eeed  v.  Omnibus  R.  R.  Co.,  33  Cal.  212; 
Orange  Co.  v.  Harris,  97  Cal.  600,  32  Pac.  594; 
Wills  V.  Austin,  53  Cal.  152;  Purdy  v.  Sinton,  56 
Cal.  133;  People  v.  Perry,  79  Cal.  105,  21  Pac. 
423;  Marsh  v.  Supervisors,  111  Cal.  368,  43  Pac. 
975 ;  Lathrop  v.  Mills,  19  Cal.  513 ;  Picche  v.  Paul, 
22  Cal.  105.) 

Contracts  and  other  statutes. — Xo  repeal  by  im- 
plication can  result  from  a  provision  in  a  subse- 
quent statute,  when  that  provision  is  itself  devoid 
of  constitutional  force.  (McAllister  v.  Hamlin, 
83  Cal.  361,  23  Pac.  357.) 

A  contract  entered  into  in  view  of  an  act  later 
held  unconstitutional    is  not  made  under  a  mis- 


INTEODL'CTIOX. 


take  of  law.  (Cooley  v.  Calaveras  Co.,  121  Cal. 
482,  53  Pac.  1075.) 

But  a  contract  entered  into  by  a  public  board 
or  officer  by  sole  authority  of  an  unconstitutional 
statute  is  void_,  and  not  subject  to  ratification. 
(Phelan  v.  San  Francisco,  6  Cal.  531.) 

The  legislature  may  refer  to  an  unconstitutional 
act  to  indicate  its  will  in  respect  to  a  constitu- 
tional purpose.     (People  v.  Bircham,  12  Cal.  50.) 


TABLE  OF  CASES  CITED. 


Abeel  V.  Clark 93,  94,  102,  101,  248,  341 

Ableinan  v.  Booth 5 

Adams  v.  Town 147 

Addison  v.  Saulnier 14,  297,  300 

Addison's  Trial 85,  SO 

Ah  Cue,  Ex  parte 72,  341 

Ahern,  Ex  parte ix,  185 

Ah  Fook,  Ex  parte 25,  341,  342 

Ah  Pong,  Ex  parte 255 

Ah  You,  In  re 222,  245,  247 

Albion  River  R.  R.  Co.  v.  Hesser 38 

Alferitz  v.  Borgwardt 42 

Allen  V.  Allen 42 

Allgier,    In   re 1G2 

Allison  Ranch  etc.  Co.  v.  Nevada  Co 31G 

Alvord  V.   Collins 349 

Amador  Co.  v.  Kennedy 104,  251 

Anderson  v.   Byrnes 42 

Anderson  v.  De  Urioste 223 

Anderson,    Ex   parte ! 09 

Andrews,  Ex  parte 4,  6,  10 

Angus  V.   Craven 9 

Areata  v.  Areata  etc.  R.  R.  Co 222 

Argenti  v.  San  Francisco 262,  332 

Armstrong,  Ex  parte 170 

Arnold  v.   Van  Brunt 150 

Arnault  v.  New  Orleans 99 

Arroyo  Ditch  etc.  Co.  v.  Superior  Coiu't 304 

Astell  V.   Phillippi 178 

Attorney  General,  Ex  parte 140,  1.53 

Auguisola  V.  Arnaz 102 

(xvli) 


XViii  TABLE    OF   CASES   CITED. 


Baboock  v.  Middleton 44 

Baggett  V.  Dunn 89,  91 

Bailey  v.  Sloan 15U,  157 

Balrd,  Matter  of 77 

Baker  v.   Portland 341,  342 

Baker  v.  Fireman's  Fund  Ins.  Co 28G 

Baker  v.  O'Riordan 26 

Baker  v.  Soutliern  Cal.  Ry.  Co 149 

Baldwin  v.  Ellis 317 

Baldwin  v.  Zadig 113,  114 

Ballentine  v.  Willey 77 

Balleriuo  v.  Bigelow 170,  177,  178 

Ball  V.  Kenfield 345 

Banaz  v.  Smith 29,  40,  224,  258,  208,  300 

Bank  of  British  North  America  v.  Madison 285 

Bank  of  Mendocino  v.  Chalfant 298 

Bank  of  Sonoma  v.  Fairbanks 253,  280 

Bank  of  Ukiah  v.  Reed 311 

Bank  v.  Pacific  Coast  S.  S.  Co 277 

Barnes  v.  Jones 93 

Barney   v.    McCreery 7S,  135 

Barniiz  v.  Beverly 46 

Bai*ry,  Ex  parte 12 

Barton  v.  Kalloch 214,  354,  366,  367 

Bateman  v.  Superior  Court 159 

Bates  V.  Gregory 43 

Bates  V.  Porter 44 

Baum  V.  Raphael 98 

Beals  V.  Amador  Co 68,  211,  304 

Beals   V.    Supervisors 21 1 

Beaton  v.  Reid 334 

Beatly  v.  Gillhanks 13 

Beckman  v.  Skaggs 47,  311 

Belcher  v.   Chambers 26 

Belcher  v.   Farren 335 

Bell   V.    Grippen 158 

Bennlnger.  Ex  pjirte 251 

Bergevin  v.  Curtz 5(; 

Blckorstaff,  In  re 252 

Biddle  v.   Oaks 302 

Bidwcll    V.    Babcock 27H 

Bleiiconrt  v.  Parker 80.  88 

Bienenfeld  v.  Fresno  etc.  Co 149 


TABLE   OF   CASES   CITED.  XiX 

Bigelow  V.  Ballerino 32 

Biiby  V.    McKenzie 2GP> 

Billings,  Estate  of 41) 

Billinacs  v.  Hall x,  3,  47 

Billings  V.  Harvey 98 

Bird,    Ex  parte 4,   6 

Bishop   V.    Oakland 354 

Bishop  V.  Superior  Court 155,  IGG 

Blair  v.  M.  etc.  R.  11.  Co 287 

Blakeslee  v.  Hall 271 

Blanchard  v.  Hartwell 234,  237 

Blanc  V.  BoAvman 141,  143 

Blanc  V.  Rodgers 189 

Blanding  v.  Burr 69,  118,  303 

Bledsoe's  Case 80 

Blood  V.  McCarthy 258 

Bloss  V.  Lewis 15,  103,  112,  212,  217 

Board  of  Directors  v.  Tregoa 30 

Boai-d  of  Education  v.  Board  of  Trustees 253 

Board  of  Education  v.  Fowler 198 

Board  of  Railroad  Commrs.  v.  Market  St.  Ry.  Co.. 292 

Board  v.  Supervisors 70 

Boedefeld  v.  Reed 164 

Bohen,  Ex  parte 249 

Bolton  V.  Landers 147 

Boorman  v.  Santa  Barbara 27 

Borland  v.  Nevada  Bank 276 

Boston  Min.  etc.  Co.,  Matter  of ' 93 

Boswell,  Ex  parte 244 

Bourland  v.  Hildretli vii,  X}i,  57,  60. 

Bourn  v.  Hart xi,  117,  119 

Bowen,  In  re 163,  164 

Boyd  V.  Southern  Cal.  Ry.  Co 166 

Boys'  &  Girls'  Aid  Society  v.  Reis.l6,  00,  137,  109,  257 

Bradford  v.  San  Francisco 263,  264 

Bradley  v.   Clarke 346 

Bradley   v.    Kent 156 

Brady  v.  King 29,  254 

Brady  v.  Times-Mirror  Co 286 

Brandensteiu  v.  Hoke 30 

Brenham  v.  Story 3,  34,  35 

Brewster  v.  Ludekins 186 

Britton  v.  Board  of  Election  Commrs.  .  .xii,  52,  53,  59 

Brock  V.  Bruce 166 

Brodie  v.  Campbell 173,  340 


XX  TABLE  OF  CASES  CITED. 

Brooks  V.  Fischer 67,  205,  236 

Brooks  V.  Hyde 14,  16 

Brooks  V.  :Melony 127,  133 

Brown  V.  Campbell 172 

Brown  v.  Merrill 275,  277 

Brown  v.  Nash 79 

Brown  v.  Rice 165 

Brown  v.  Supervisors 32 

Browne  v.  Dexter 57 

Brown's  Case 88 

Bruch  V.  Colombet 15,  110,  195 

Brumagin  v.  Tillinghast 3(X) 

Brummaglm  v.  Spencer 178 

Buck  V.  Eureka 241,  264 

Bulger,  In  re 34t> 

Burbridge   v.    Lemniert 312 

Burgoyue  v.  Supervisors 61,  63,  145 

Burke  v.  Badlam 301 

Burke,  Ex  parte 6,  16,  102 

Burnett  v.  Sacramento 33,  305,  306 

Burr  V.  Carbondale 241 

Burton,  Estate  of 160,  162 

Bush  V.  Linsey 161 

Buswell  V.   Supervisors 317 

C 

Cnhen  v.  Wells xv,  352 

Cahill,  Ex  parte 20 

Caldwell  v.  Center 183 

California  etc.   Co.  v.  Meeartnoy 308 

C:iliforiiia  etc.  Co.  v.  Superior  Court 169 

California  etc.  Co.  v.   "NVeis 310 

California  Fruit  etc.  Co.  v.  Superior  Court 368 

Califoi-nia  Sonlhern  K.  R.  Co.  v.  Kimball 38 

California  Slate  Bank  v.   Webber 312 

California   Slate  Tel.  Co.  v.  Alta  Tel.  Co 51,  272 

Camden  etc.  R.  R.  Co.  v.  Briggs 289 

Campbell,  Ex  parte 244,  248 

(^ani])!'  V.    Lassen 155 

Camron  v.  Kenfield 152,   168 

Carey  v.  Tice .333 

Cariaga  v.   Dryden 1.53,  178 

Carpenter  v.    I'"nney 96,   104 

Carrillo,   In  re 222 

Carson  v.  Central  Fac.  H.  R.  Co 33 


TABLE    OF   CASES   CITED.  XXI 

Case  Plow  Works  v.  Montgomery 279 

Cashniau  v.  Root H-i 

Cassidy  v.   Sullivan 0,  151 

Castro  V.    Castro 160 

Castro  V.  Richardson 162 

Caulfield  v.  Hudson 145 

Caulfield  v.  Stevens 170,  178 

Central  etc.  R.  Co.  v.  State 97 

Central  Irr.  Dist.  v.  De  Lappe 33 

Central  Irr.  Dist.,  In  re 31 

Central  Pac.  R.  R.  Co.  v.  Board  of  Equalization 

298,  310,  311,  319 

Central  Pac.  R.  R.  Co.  v.  Placer  Co 317 

Chambers  v.  Satterlee 29,  40,  2G8,  305,  300 

Chapman  v.  Morris 45 

Chapman  v.  State 118 

Chapman  v.  Toy  Long 341 

Cheney,  Ex  parte 24G 

Chicago  etc.  R.  R.  Co.  v.  Haggerty 287 

Chicago  etc.  R.  R.  Co.  v.  Iowa 289 

Chicago  etc.  R.  R.  Co.  v.  People 289 

Chico  High  School  Board  v.  Supervisors 196 

Chin  Yan,  Ex  parte 102,  106,  246 

Chipman  v.  Bowman 139 

Chrisman  v.  Anderson   78 

Christensen,  Ex  parte .244,  248 

Christian  v.  Superior  Court 157 

Cliristv  V.  Supervisors xv,  214 

Church  v.  Colgan 173 

Clancy,  Ex  parte 14 

Clarke,  Ex  parte 24 

Clarke  v.   Perry 160 

Clarke  v.  Reis 24 

Clark's  Case 50 

Clement's   Case 78 

Clunie  v.  Sielje 302,  316 

Cody  V.  Murphey 13,  111,  102 

Coggins  V.  Sacramento 354 

roiion  V.  Alameda 29,  40,  268,  306 

Cohen,  P^x  parte 24 

Cohen  V.  Wright xiii,  4,  5,  24,  42,  48,  189,  345 

Cohn  V.  Central  Pac.  R.  R.  Co 286 

Collins  V.  Lean 25,  50,  113 

Colton  V.  Rossi 32,  37 

Colusa  County  v.  Glenn  County 210,  299.  316 


XXii  TABLE    OF   CASES   CITED. 

Colusa  Co.  V.  Welch 123 

Commissioners  v.  Trustees 256,  358 

Commonwealth  v.  Addison 80 

Commonwealth  v.  Ahl 189 

Commonwealth  v.  Halloway 189 

Commonwealth  v.   Hilchman 189 

Commonwealth  v.  Pyle 88 

Commonwealth  v.  Shaver 349 

Conant  v.  Conant 147,  152 

Condict  V.  Police  Court 258 

Coniff  V.  Hastings 40 

Conlin  v.  Supervisors. xi,  108,110, 112,  117, 118, 119,  257 

Conner,  in  re 170 

Conniff  v.   San  Francisco 3G 

Consolidated  Channel  Co.  v.   Central  Pac.   R.   R. 

Co 34,  35 

Contra  Cosla  etc.   Co.  v.  Moss 34 

Converse  v.  United  States 88 

Cook  V.  Cockins 45 

Cook    V.    Middlesex 189 

Cooley  V.  Calaveras  Co xvi 

Copertini  v.  Oppennann IGG,  1G7 

Coppinger  v.   Rice KJO 

Corcoran  v.  Benicia 3r> 

Cornett   v.   Bishop 1U() 

Corralitos  etc.    Co.,   In   re 174 

Cottle    V.    Spitzer 297 

Courtwright  v.  Bear  River  etc.  Co 145,  159 

Cox,  Ex  parte 71 

Coxe   V.    McClenachan 80 

Coyne   v.    Rennie 238 

Crall  V.  Poso  Irr.  Dist '.  33 

Crandall  v.  Blen .  148 

Crawford  v.   Dunbar 87.  351 

Croigliton  v.   Man  son 40,  305.  307 

Creighton  v.    Piagg 42,  43 

Croly  V.  Sacramento 05 

Crosby  v.  T>yon 194,  .3<X> 

Crow  V.  San  .loaquin  etc.  Irr.  Co 323 

Crowley   v.    Freud 220 

Culh'n  V.  fJlendora  etc.  Co 100,  170 

Ciillcn   V.   T.;nigridge 1(50 

Curt  is,  In  lo 80,  153 

Curtis  V.  Ricliards 1.38 

Curtis  V.   S.-icranicnto 182 


TABLE    OF   CASES   CITED. 


D 


Dag;2:ett  v.  Coljran 90 

Dajley  v.  Superior  Court 12 

Danielsou  v.  Yoakuiu 276 

Darcy  v.  Mayor 103,  220,  221,  241 

Dasbiell  v.  Slingerland 147,  148,  155 

Dassk-r,  lu  re 50 

David  V.  I'ortland  W.  Co 9S) 

Davidsou  V.  Dallas 143 

Davidson  v.   Ivan.kin 277 

Da  vies  v.  Dos  Angeles 27,  94,  102,  222,  257 

Davis  V.  Superior  Court x 

Davis  V.  Whiddeu 84 

Daw   V.    Niles 312 

Day  V.  Jones 60 

De  Baker  v.  Railway  Co 35,  37,  247 

Deck  V.  Gerke 102,  163 

De  Jarnatt  v.  Marquez 157,  170,  177 

De  La  JNIontanya  v.  De  La  Monfanya 26 

Delaney,  Ex  parte 249 

Den  man  v.  Broderick 105,  219,  221 

Dennis  v.  Superior  Court 277 

Dentzel  v.  Waldie 45,  48 

De  Puy.  Ex  parte 189 

Derby  v.  Stevens 156,  157,  277 

Desmond  v.  Dunn 102,  105,  220,  223,  227.  359 

Deuprez  v.    Deuprez 164 

Devlin  v.  Anderson 60 

Dewar  v.   Ruiz 335 

Dewey  v.  Lambier 3 

De  Witt  V.  Hays 296 

De  Witt  V.  San  Francisco 93 

Dickey  v.   Hurlburt 04,  70 

Doane   v.   Weil 97 

Dobbins  v.  Commrs.  of  Erie  Co 5 

Doherty  v.  Thayer 149,  179 

Dolan   v.    Barnard 99 

Dolan,   Ex  parte 235,  239 

Doland  v.  ]\[ooney 310 

Donahue,   Ex  parte 168 

Donahue  v.  Graham 269,  360 

Donlon  v.  Jewett 97 

Dorn  V.  Howe 368 

Dorsey  v.  Barry 166 


XXIV  TABLE   OF   CASES   CITED. 

Dougherty  v.  Austin 14,  71,  240,  216 

Dougherty  v.  Bartlett 161,  163 

Dow  V.  Gould  &,  Curry  etc.  Min.  Co 347,  34S 

Doyle  V.  Austin 299,  305,  306 

Doyle  V.  Seawall 148 

Dressier,  Ex  parte 8 

Duke  V.  Huntington 278 

Dumphy  v.  Guindon : 147 

Dunne  v.   Mastick 48 

Durgin  v.  Neal 142 

Dusy  V.  Helm 186 

Dwyer  v.  Parker xiv,  15,  111,  214,  215 

E 

Eachus  V.  Los  Angeles  etc.  Ry.  Co 32,  35,  30 

Earle  v.  Board  of  Education 98,  1U9,  110,  111,  195 

Eaton  V.  Brown 14 

Ede  V.  Cogswell 208 

Ede  V.  Knight 43,  208 

Edsall  V.  Short 149,   177 

Edson  V.  Southern  Pac.  Co 289,  293 

Edward's  Case 80 

Edwards  v.  Publishing  Soc 12 

El  Dorado  v.  Meiss 217,  255 

Ellis,  Ex  parte 7 

Eltzroth  V.  Kyan 177 

Emery  v.  Bradford 29,  40,  268,  306 

Emery  v.  Reed x 

Emery  v.  San  Francisco  etc.  Co 

29,  33,  40,  2()8.  296,  305,  306 

Escondido  High  School  Dist.  v.  Escondido  Semi- 
nary   112 

Executive  Communication 85 

Exlinc  V.  Smith 10,  64 

F 

Fanning  v.    Schanimel 254 

Fair,  Estate  of 297,  ;;oi,  302,  310 

Fairbanks  v.  Lampkin 150 

Falrclilld  v.  Do(on 150 

FarmiMs"  etc.  I'.aiik  v.  Board  of  Equalization 316 

Fanners'  Union  v.  Tlireslier 152,  108 

Fannmi   v.   Warner 104 

Farrell  v.  Board  of  Trustees 110 


TABLE   OF   CASES   CITED.  XXV 

Farrell  v.   Sacramento ; 351 

Fatjo  V.  Plister 00,  254,  297 

Faymoiiville  v.  McCullough 277 

Foillett  V.  Eiii^ler 144 

Felchlin,  Ex  parte 247,  250,  352,  353 

Fenton,  Ex  parte 19,  20 

Fer};:usoii  v.  Sherman 270 

Ferris  v.  Coover x 

Fife,   In  re 9 

Fire  etc.  Coninirs.,  In  re 190 

First  Nat  Banli  v.  San  Francisco 300 

Fisher  v.  Police  Court 105 

Fisk  V.  His  Creditors 150 

Fiske,  Ex  parte 70,  248 

Fitch  V.  Supervisors 180,  320 

Fitzgerald  y.  Urton 155 

Flaherty,  In  re 247 

Fletcher  v.  Prather 98 

Flint   V.    Wilson 104 

Floyd  V.  Blanding 43,  47 

Foley  V.   Foley 20 

Foltz  V.  Cogswell 123 

Ford  V.  Smith 177 

Foster  v.  Police  Commrs 48,  102,  243,  247 

Fowler  v.  Pierce xi,  84 

Fox  V.  Hale  &  Xorcross  etc.  Min.  Co 279 

Fox  V.  Western  etc.  R.  R.  Co 37 

Fragley  v.  Phelan 103,  223,  224,  225 

Franca  is  v.  Somps 95 

Frank  v.  Supervisoi-s 226 

Frankel  v.  Deidesheimer 141 

Franklin  v.  State  Board 331 

Eraser  v.  Alexander 358 

Frazer,  Ex  parte 273 

P'reeman  v.  Barnum 108,  212 

Freeman  v.  Seitz 156 

French  v.  Teschemaker viii,  xii,  1.5,  274,  275 

Fresno  Canal  etc.  Co.  v.  Park 327 

Fresno  Nat.  Bank  v.  Superior  Court 53,  107,  285 

Freud,  Estate  of 3,  163 

Frick  V.  Los  Angeles 223,  235 

Fritts  v.  Camp 167 

Fritz  V.  San  Francisco 225 

Fuller  v.   Fuller 7 

Fulton  v.  Brannan ^34,  333 

Constitution — iii 


TABLE    OF   CASES    CITED. 


a 


Gaffney  v.   Goush 40 

Gafforcl  v.  Bush 168 

Galena  K.  R.  Co.  v.  Appleby 287 

Galena  R.  R.  Co.  v.  Loomis 287 

Galland  v.  Lewis 45,  48 

Garins  v.   .Jensen 312 

Garniss  v.  Superior  Court 157 

Garretson  v.  Santa  Barbara .318 

Gavitt  V.  Mohr 335 

Gee  V.  INIore 333,  334 

George  v.  Ransom 348 

Gerniania  Bldg.  etc.  Assn.  v.  Wagner 350,  359 

Germauia  etc.  Co.  v.  San  Francisco 301,  302,  310 

Geyer  v.  Irwin 80 

Giambonini,  Ex  parte 138,  170,  180,  221 

Gibbs  V.  Bartlett 236 

Gibbs   V.    Tally 3 

Giddings  v.  Blacker 76 

GieseUe  v.  San  Joaquin 95 

Gillau  V.  Hutchinson 32,  35 

Gillis  V.  Barnett 367 

Gilman  v.  Contra  Costa  Co 208 

Gilman  v.  McClatchy 12 

Gilmer  v.  Lime  I'oiut 33,  34,  37,  64 

Goldberg  v.  Tliompson 335 

Goldsmith  v.  San  Francisco 262 

Gordon  v.  Ross 147 

Gorman  v.  Pacific  R.  R.  Co 287 

(lorton    V.    Fordinando 167 

Grand  Grove  v.  Garibaldi  Grove 28 

Grangers'  Bnnlc  v.  San  Francisco 142 

Green,  Ex  parte 245,  246 

Green  v.  Fresno  Co 215 

Qveen  v.  State 134,  190 

Green  v.  Superior  Court 168 

Green  v.   Swift 36,  72 

Greenbaum  v.  Martinez 156 

Greencastle  etc.  Co.  v.  Slate 90 

Greenwood  v.  Morrison 29 

Gregg  V.  Bostwicli .".33,  334 

(iregory  v.   Diggs 157 

Gritlin  etc.  Co.  v.  Magnolia  etc.  Co 286 

Griggs    v.   Clark ' 161 


TABLE    OF   CASES   CITED.  XXVU 

Grimes  v.  Norris IGO 

Grimm   v.   O'Coniu'Il 316 

GriswoUl  V.  Pieratt. 156 

Grogan   v.   Kuclvle    143 

Grogan  v.  San  Francisco 42 

Grosbois,  In  re ..  11 

Gross  V.  Kentield 240 

Gross  V.  Kentield 359 

Gnerrero,  In  re 218,  251,  255 

Gunter  v.  Geary 31 

Gnrnee  v.   Maloney 162 

Guvnee  v.  Superior  Court vii,  155,  362 

Gutierrez,  Ex  parte 48 

Guy   V.   Hermance 62 

Guy  V.  Washburn 318 

H 

Haas,  In  re 162 

Hadloy  v.  Dague 29,  40,  268,  306 

Hagar  v.  Supervisors 68,  305 

Haigiit  V.  Gay 145,  146 

Hale  V.  McGettigan xiv,  73,  82,  213,  217 

Hall   V.    Rice 159 

Halsted.  Ex  parte 13,  103,  216,  221,  222 

Hancock  v.  Burton 168 

Hang  Kie,  In  re. 16,  52,  248 

Harbor   Commrs.  v.   Redwood  Co 71 

Hardenburgli  v.  Kidd 63,  64 

Harker,  Ex  parte 147 

Harmon  v.  Page 276,  279 

Harney  v.  Benson 29 

Harpending  v.  Ilaight 125 

Harper  v.  Kreelon 165,  166 

Harper  v.  Rowe 29,  316 

Harralson   v.    Barrett 312 

Harrelson  v.  Tomich 312 

Harris  v.  Supervisors 93 

Harron  v.  Harron 150 

Hart  V.  Carnall-Hopkins  Co 167,  170,  177,  179 

Hart  V.  Gaven 307 

Hartman,  Ex  parte 19 

Haskell,    Ex   parte 93,  250 

Hastings  v.  San  Francisco 208 

Hatch  V.  Stoneman 338 


XXViii  TABLE    OF   CASES   CITED, 

Hatzfleld  v.    Gulden 189 

Havermeyor  v.  Superior  Court "-iS 

Haverstiok  v.   Trudel If'l 

Hay  V.  Hill ^'i'.  3i>p 

Haj'es,   Ex  parte '^^ 

Hayes,  Ex  parte 247 

Hnynes  v.  Treadway ^ 

Heckman   v.    Swett 71 

Heilbrou,  Ex  parte 248 

Heinlen  v.   Fhillips -l-l'J 

Heinlen  v.  SuUivau 308 

Heller  v.  People Q*" 

Hellman  v.  Slioulters 13,  93,  9  A,  OS,  107 

Heiiisran  v.  Ervin 147,  148,  150 

Herriicb  v.   McDouald 143 

Hevren  v.   Keed 41 

HeAvitt  V.   Dean 311 

Heydenfeldt,  In  re 1G2 

Heydenfeldt  v.  Superior  Court 100,  102 

Heyluian,  Ex  parte 250 

Hickman  v.  O'Neal 138 

Hieks  V.  Bell 145 

Hifks  V.  Murray 28 

Higsins  V.  Cole 351 

Higgins  V.    Prater viii 

Hiygins  v.  Sau  Diego  Water  Co 

04,  119,  202,  203,  264 

High  V.  Bank  of  Commerce 27 

High  V.  Shoemaker 20.  297,  299 

Hill  V.  Fiiiigan 1S5 

Hill  V.  rsewmau 179 

Hinckley,  Estate  of 34S 

Ho  Ah  know  V.  IS'unan 342 

Hol)an  V.  Ilyan • 179 

Hohart  v.  Supervisors (iS,  70 

Hohart  V.  Tillson 152 

Hodges.   Ex  parte 2 12,  250 

H()l(ir(irlh,  In  re 41 

Ilollcy  V.  Orange  Co 01.  70.  :i05 

Hoiiiiaii   V.   'J'aylor 10(» 

lloiig  Slici).  Ex  parte 21,  244.  245 

Hopkins  V.  Cht'cscman 148 

HcMiiDng   V.   .M((";utliy 30 

Hoiigiilou,    Apitcal    of 105 

Hougliioji  V.  Auslin 29,  71,  VHY.',,  SIO 


TABLE    OF   CASES    CITED.  XXIX 

Houston  V.  Williams 141 

Howell's  Case 189 

Ilowland  v.  Supervisors 77,  2G4,  2(i.") 

Hudson,  Estate  of IGl 

IIulTnian  v.  Hall 98 

Hushes  V.   Ewing 253,  304 

Huh  V.  Superior  Court 216 

Humbert  v.  Dunn 90 

Huns  Sin,  Ex  parte 8 

Hunsaker  v.  Borden 44 

Hunt   V.    Ward 277 

Hurl,  Ex  parte 304 

Hutson  V.  Protection  Dist 30 

Hvatt  V.  Allen ix,  152,  302,  359 

Hyde  v.   Kedding 9 

Hyman  v.  Coleman 157,  277 

I 

lock  V.   Anderson 28 

Indianapolis  K.  K.  Co.  v.  Kerebeval 287 

Ingram  v.  Colgan 72,  91,  119 

Iron  Mountain  Co.  v.  Haigbt 84 

Isola  V.  Webber viii 

J 

Jackson  v.  Wliartenby 156 

Jacobs  V.  Supervisors 324,  326 

Jacobs  V.  Walker 335 

Jenks  V.  Oakland 354 

Jennings  v.  Le  Breton 29,  40.  2GS,  30(; 

Jennings  v.  Le  Koy 3(5,  90,  98 

Jentzsch.  Ex  parte 5,  52,  71,  lOli,  112 

Jessup,  In  re 142,  14(> 

Johnson  v.  Banli  of  LalvC 27(> 

Johnson,   Ex  parte 2  18,   273 

Jolmson  v.  Goodyear  Min.  Co 273 

Johnson  v.  Harrison ; <J7 

Johnson   v.    San  Diego 222 

Johnson   v.    Simontou 24'.> 

Johnsou  v.   Squires 335 

Johnson  v.  Tautphaus xv 

Jones  V.  Falvella 95 

Jones  V.  G.  etc.  11.  R.  Co 287 

Jones  V.  Justice's  Court 177 


XXX.  TABLE    OF    CASES   CITED. 

Tones   v.    Mori^ran 120 

Jordan,  Ex  parte 105,  106,  107,  110,  111 


Kalm  V.  Sutro.  .13,  105,  138,  176,  103,  208,  226,  362,  367 

Kalloch  V.  Superior  Court 11,  25 

Kansas  P.  R.  R.  Co.  v.  Mower 287 

Keller  v.  Franklin 164 

Kellogg  V.  Howes 350 

Kelly  V.  Luning 254 

Kendrick  v.  Diamond  etc.  Min.  Co 286 

Kennedy  v.  California  Sav.  Bank 277 

Kennedy  v.  Board  of  Education 222 

Kennedy  v.  Miller 195,  223,  235 

Kenney,  Ex  parte 227,  243 

Kerckhoff-Guzner  Mill  etc.  Co.  v.  Olmstead 46 

Kern  Co.   v.   Fay 215 

Koybers  v.  McComber 177 

Kiernan  v.  Swan 216 

Kiraberly,  Estate  of 161 

Kings  County  v.  Johnson 95,  109,  168 

Kings  Co.  V.  Tulare  Co 210 

Kirkwood  v.  Soto 240 

Knapp,  Ex  parte 249,  250 

Kniglit  V.  Martin 53,  214,  217 

Knowles,   Ex  parte 154 

Kno^\  les  v.  Sandercock 275,  278,  279 

Knox  V.  Los  Angeles 119 

Kohler.  Ex  parte 25,  93,  94 

Koppikus  V.  State  Capitol  Commrs 9,  41,  332 

Koser,  Ex  parte 103,  106 

Kowalsky,  In  re 12 

Krause   v.    Durlirow 112 

Kuback.   Ex   parte 250 

Kuiublcr  V.  Supervisors Ill,  216 


La  Socfeta  etc.  v.  San  Francisco 245 

La  SocifMC'  Francaise  v.  District  Court 1^^^^ 

La  Socif'te  Francaise,  etc..  Matter  of 03,  107,  272 

Lacey,  Ex  parte 25,  242,  247 

Laforge    v.    Magee 44 

Laniliert  v.  Davis 28 

Lanipe  v.  San  Francisco 36 


TAT?LE    OF   CASES   CITED.  XXXI 

Lane,  Ex  parte 248 

Langau  v.  I.angan 150 

Larew  v.    Newman 240 

Lnrrabee  v.  Baldwin 274,  276 

Larrabee  v.  Cloverdale 30 

Lassen  Co.  v.  Cone 52,  251 

Lalaillacle  v.  Orena 158 

Latlu-on  V.  Brittain 214,  313 

Lathrop   v.   Mills xv 

Lawrence,  In  re 255 

Leaf'h  v.  Aitken 137 

Ijenke  v.  Colgan 96 

Learned  v.  Castle 362 

Le  Breton  v.  Superior  Coin-t 167 

Lee  V.  Southern  Pac.  K.  R.  Co 282 

Leese  v.   Clark 143 

Lent  V.  Tillson , 29,  30,  40,  257,  268,  306 

Leonard  v.   January 97 

Levee  Dist.  No.  9  v.  Farmer 33 

Levinson,  In  re 14.3 

Levy  V.  Superior  Court 23,  50,  162 

Lewis  V.  Colsii^ii 115.   121 

Lewis  V.  County  Clerk 164 

Lewis  V.  Dunne 94.  97,  99 

Lewis  V.  John!? 347,  348 

Lewis  V.  Southern  Pac.  R.  R.  Co 285 

Lewis  V.   Wldber 262 

Lichtenstein,  Ex  parte 109 

Lick  V.  Austin 298.  301 

Liddell,  Ex  parte ix,  92,  93,  94,  95 

Linehan,  Ex  parte 248 

Lin  Sinjr  v.  Washburn 212.  341,  342 

Liverniore  v.  Waite 338,  344 

Llovd  V.   Davis 310 

Lloyd,  Ex  parte 181 

Longan  v.  Solano 93,  95,  110,  212,  215,  216 

Lord  V.  Dunster ix,  x,  153 

Lord  V.  Goldberg 148 

Lorenzen,  Ex  pa  rte 4 

Los  Angeles  v.  Eikenberry 243,  252 

Los  Angeles  v.  Hance 97 

Los  Angeles  v.  Hollywood  Cem.  Assn.  . .  .242,  246,  249 

Los  Angeles  v.  Lamb 350 

Los  Angeles  Co.  v.  Lopez 217 


XXXU  TABLE   OF   CASES   CITED. 

Los  Angeles  Co.  v.  Ovange  Co 200,  210 

Los  Angeles  Co.  v.  Spencer Go,  96,  341 

Los  Angeles  v.  Teed 104,  222,  2o7,  259,  203,  26."» 

Lougher  \.  Soto 105 

Love  V.  Baehr 133,  134 

Low  V.  Marysville 21!) 

Lowenberg  v.   Levine 46 

Lower    Kings    River    Kec.    Dist.    No.    531    v.    Mc- 

Cullah 27,  103 

Luco  V.  De  Toro 141 

Lueo  V.  Superior  Court 16!) 

Lundy  v.  Delmas 200 

Lux  V.  Haggin 32 

Xyons  V.  California 49 

Mack  V.  Jastro 257 

Mackay  v.  San  Francisco 2!)7,  300 

Maddux  V.  Brown 33(5 

Madera  Irr.   Dist.,  In  re 

xi,  30,  68,  219.  263.  296.  30(!.  307 

Maguire,  Matter  of 53,  247,  250,  252,  253.  360 

Maier,  Ex  parte 72 

JLalone  v.  Koy 40 

Malson  v.   Vaughn 147,  178 

Manchester,    In   re 64 

Manley  v.  Cunningliani 335 

Manstield,  Ex  parte 243.  245.  256 

Market  Street,  In  re 304,  306 

Market  St.  Ky.  Co.  v.  Jlellnian 273 

Marks,  Matter  of 86,  165 

;Marsh  v.  Suiicrvisors.  . .  .xiii,  xv,  15,  59,  109,  112,  217 

Marslon  v.  Humes 97 

Martin  v.  Electioji  Connnrs 143,  226.  239,  338 

Martinez  v.  Ileiiune  etc.  Land  Co 280 

Mateer  v.  P.rown 14:; 

Mathis  V.  State <»7 

Matthews  v.  Oniierd ;!11 

Maurer   v.    King 11.3 

Maurer  v.  ]\Iit<-li<.ll 1.52 

Maxlicld  v.  .loiiiisoii 1  17.  MS,  14;>,  15(5,  178 

Mayrliol'cr  v.  Hoard   of  Educ  alion ,3.50 

McAllister  v.    Ilainlin xv.   63 

M<'Hean  v.  Fresno 247,  263 


TABLE   OF   CASES   CITED.  XXXIU 

MoCabe  v.  Jeff erds ^^ 

McCabe  v.  Carpenter 0-i,  05,  253,  254 

McCann  v.  Sierra  County 32 

McCarthy,  Ex  parte vii,  11,  68,  180 

Mc'Cauley  v.  Brooks x,  33,  47,  Gl,  89,  133,  332 

McCauley  v.  Fulton 139 

McCauley  v.  Weller 32,  37 

McClain,  Ex  parte 72,  249 

McCoppiu  V.  McCartney 47,  309 

McCuUoch  V.  Maryland 5 

McCraken  v.  San  Francisco 202 

IMcCrary    v.    Beaudry 323 

McDermot  v.  Barton 217 

McDonald  v.  Patterson 53,  103,  209,  359,  300 

McDonald  v.  Taylor 246,  335 

McFadden  v.  Los  Angeles 322,  323 

McGee  v.  San  Jose 43 

McGowan  v.  McDonald xv,  273,  274,  276 

McGrew  v.  Mayor  etc.  of  San  Jose 176,  367 

McHenry  v.  Downer 296,  300 

McKenua,  Ex  parte 246,  251 

McNally,  Ex  parte 251 

McNee  v.  Lynch 335 

McNiel  V.  Borland 166 

McNulty,  Ex  parte 71,  72,  273 

McPherson  v.  Bartlett 75 

Meade  v.  Watson 102 

Mecham  v.  McKay 178 

Melone  v.   State 134 

MelYin  v.  State 91,  192 

Menzies  v.  Board  of  Equalization 153 

Merced  Bank  v.  Rosenthal 173,  353 

Merced  Co.  v.  Fleniming 246,  252 

Merced  Co.  v.  Helm 242,  255,  256 

Mercer's  Case 80,  81 

Merrill  v.  Southside  Irr.  Co 323 

Meyer  v.   Bryan 43 

Meyer  v.  Kalkman 138 

Middleton   v.   Low 125 

Miles  V.  "Woodward 285 

Miliken  v.  Hul)er 153 

Miller  v.  Byrd 335 

Miller  v.  Dunn vii,  120 

IMiller,  Ex  parte 10 

iSIiller  V.  lleilbron 300 


XXXiV  TABIE    OF    CASES    CITED. 

Miller  v.  Kister 11.  Ill 

Miller  v.  Supervisors ir>3 

Mills  V.  Sargent xv,  313 

Milner  v.  Reibenstein 17G,  180 

Miner  v.  Justice's  Court 105,  138,  237 

Minturn  v.  Hays 208,  300 

Mintzer  v.  Schilling 212,  220 

Mirande,  Ex  parte 52,  250 

Mitchell  V.  Beckman 276,  277 

Mitchell,  In  re 103,  138 

Mitchell  V.  Winnek 07,  190 

Mohle  V.  Tschirch 104 

Molineux  v.  California 118 

Montague  v.   English 202 

Montgomery  Avenue  Case xiv 

Moore  v.   Boyd 277 

Moore,  Estate  of 151 

Moore  v.  Martin 170 

INIoore  v.  Patch 1.5,  105 

Moran  v.  Ross viii,  x,  39,  292 

More  V.  More 102 

Morgan  v.   Menzios 227 

Morrow  v.  Superior  Court 275.  277,  279 

Uovfie  V.  De  Ardo ix,  153,  225,  350 

]\Iosely  V.  Torrence 335 

Moulton  V.  Parks 30 

Mount,   Ex  parte 250 

Moynier,  Ex  parte 4.  10,  104,  248 

^lurphey   v.    Menard 97 

Murphy,  In  re 245 

Murphy  v.  Pacific  Bank 13.  103 

Murray  v.   Colgan 121 

IMutual  Electric  etc.  Co.  v.  Ashworth 208 

Myers  v.   Englisli xi,  44,  183 

Myers  v.  Keiilicld 187 

Myers  v.  Sierra  ^■alk'y  etc.  Co 279 

N 

Napa  Valley  R.  R.  Co.  v.  Napa  Co 34,  117 

Nelson,  Estate  of 14(> 

Nenstadt,   Ex  parte 168 

Nevada  School  Dist.  v.  Shoccraft 102 

New  Albany  etc.  R.  R.  Co,  v.  Whiteneck 287 

New  Jersey  v.  Wilson 5 

Newman,  Ex  parte 3,  4,  G 


TABLE    OF   CASES   CITED.  XXXV 

Newton,   Ex  parte 304 

Nicholas.  Ex  parte 11 

Nichols  V.  Somerset  etc.  R.  R.  Co 287 

Nicliey  v.  Stearns  Ranches  Co 34,  35 

Niles  V.  Edwards 141,  142 

Noble,  Ex  parte 244 

Noble  V.  Hook 333 

Nones  v.   Edsall 80 

Norblett  v.  Farwell 178 

Norris  v.  Androscroggin  R.  R.  Co 289 

Norris  v.  Hoy t 49 

North  Beach  etc.  R.  R.  Co.,  Appeal  of 33 

Norwood  V.  Baker 29,  40 

Nougues  V.  Douglass x,  xi,  331,  332 

Nugeut's   Case 79 

Nylaud,  Ex  parte 138 


Oakland  v.  Oakland  Water  Front  Co 68 

Oakland  v.  Southern  Pac.  R.  R.  Co 317 

Oakland  etc.  Co.  v.  Rier 306 

Oakland  Pav.  Co.  v.  Barstow 268 

Oakland  Pav.  Co.  v.  Hilton vii,  79,  269,  338,  360 

Oakland  Pav.  Co.  v.  Thompkins vii,  209,  3.38 

O'Callaghan  v.  Booth 165 

O'Ferrall  v.  Colby 78 

Ohio  etc.  R.  R.  Co.  v.  McClelland 287 

Ohm,  Estate  of 151 

Oliverez,  In  re 362 

Omnibus  R.  R.  Co.  v.  Baldwin 14 

Opinion  of  Judges 85 

Opinion  of  Justices 76 

Orange  Co.  v.  Harris xv 

Orange  Co.  v.  Los  Angeles  Co 210 

Orena  v.  Sherman 313 

Otis  V.  Haseltine 48 


Pacific  Bridge  Co.  v.  Kirkham 253 

I'acific  Coast  Ry.  Co.  v.  Porter 39 

Pacific  etc.  Ins.  Co.  v.  San  Diego 259 

Pacific  etc.  Soc.  v.  San  Francisco 319 

I'acific  Postal  etc.  Co.  v.  Dalton 108,  303 

I'acitic  Ry.  Co.  v.  Wade 9 


XXXVl  TABLE   OF   CASES   CITED. 

Pacific  Undertakers  v.  Widber 264 

Packer,  Estate  of 3,  46 

Page  V.  Ellis 156 

Palacbe  v.  Hunt ix,  153 

Parke  v.  Metropolitan  R.  R.  Co 289 

Parker  v.  Otis .113,  114 

Parker  v.  State 76,  77 

Parrott,  In  re 341,  342 

Parsons  v.  San  Francisco 4.  36 

Parsons  v.  Tuolumne  Water  Co 145,  165 

Partridge  v.  Butler 276 

Pasadena  v.  Stimsou 14,  103,  112,  220 

Pattison  v.  Yuba  Co xiii,  69,  332 

Patton  V    Board  of  Health 351 

Patty  V.  Colgau 119 

Paty  V.  Smith 63 

Peachy  v.  Supervisors 359 

Pearsons,  In  re 172 

Peninsular  etc.  Co    v.  Pacific  etc.  Co 158 

Pennie  v.  Reis 24,  96,  98,  119,  120,  257 

Penuie    v.  Roach 158 

Pennsylvania  v.  Iiil)!et 287 

Penny becker  v.  McDougal 15(5 

People  V.  Abbott 93 

People  V.  Addison 129 

People  V.  Ah  Chung 141 

People  V.  Ah  Lee  Doon 10 

People  V.  Ah  Sing 184 

People  V.  Alameda  Co 211 

People  V.  Apgar 21,  151 

People  V.  Applegate 145,  151 

People  V.  Arnott 21 

People  V.  Ashl)urner 351 

People    V.    Asiihuiy 298 

IVoi)le  V.   Ba  hcock 193,   222 

People  V.  Bagley 222,  2.35 

People  V.  Bniid 23 

People  V.  Baldwin 184 

People  V.   Barbour 141 

People  V.  Ba  ri  let  t 253 

People  V.    Berkeley 221 

People  V.  Bigler xiii.  68,  344 

People  V.  P.inghiun 78,  149 

reojth!  V.  Biicliam xvi 

People  V.  Bird 18 


TABLE   OF   CASES   CITED.  XXXVll 

People  V.  Black  Diamond  etc.  Min.  Co 298,  300 

People  V.   Blake -il 

People  V.  Blauding 130 

People  V.  Board  of  Aldermen 77 

People  V.  Board  of  Education Gl,  03,  198,  360 

People  V.  Booker 7 

People  V.  Bolkin 184 

People  V.  Bowen 189 

People  V.  Bray 78,  104 

People  V.  Broome 77 

People   V.   Brown 23 

People  V.  Budd 127,  129 

People  V.  Burns 8G 

People  V.  Burbank 173,  351 

People  V.  Burt 82 

People  V.  Bush 19 

People  V.  Cady 31 

People  V.  Cage 19,  20 

People  V.  Campbell 11,  48 

People  V.  Carrique 80,  88 

People  V.  Casey 183 

People  V,  Cazeneau 126,  127 

People  V.  Central  Pac.  R.  R.  Co 

14,  17,  52,  103,  104,  107,  108,  109,  214,  272,  299,  319 

People  V.   Chapman vili,  105 

People  V.   Chaves '.  .  10,  176 

People  V.  Chew  Sing  Wing 184 

People  V.  Chicago  etc.  R.  R.  Co 289 

People   V.    Christensen '. 183 

People  V.  Clark 22,  84 

People  V.  Cline 183 

People  V.  Cobb 96,  138,  176,  362,  367 

People  V.  Cohen 298 

People  V.   Cogswell 348 

People  V.  Colby 362 

People  V.  Coleman vii,  ix,  16,  296,  297,  300,  304 

People  V.  Common  Council 105,  220 

People  V.  Coronado 223,  237 

People  V.  Cummings 21 

People  V.  Curtis 21 

People  V.  Curry 96,  130,  338 

People  V,  Dashaway  Assn 168 

People  V.   Davie 238 

People  V.  Day 145,  165 

People  V.   Def oor 22 

Constitution — iv 


XXXVIU  TABLE    OF   CASES   CITED. 

People  V.  De  la  Gnorra 65 

People  V.   Diek 183 

People  V.  Dobbius 94 

People  Y.  Doe  G.  l,o:U 299 

People  V.   Doi-sey 214 

People  V.  Duuii 82,  122,  298,  317 

People  V.  Duvrant 13,  3(37 

People  V.  Eastman 309 

People  V.  Eddy vii,  298,  300 

People  V.   Edwards ix,  128.  129,  350,  352 

People  V.  Election  Comrars 235 

People  V.  Elk  River  etc.  Co 41,  71 

Peoj)le  V.  Elk  etc.  Co 323 

People  \.   Eppinger 22 

People  V.  Ferguson 217 

People  V.  Fowler 145,  177 

People  V.  Freenaan ix,  04,  346 

People  V.   Frisbie 62 

People  V.  Fitch 127,  128,  129 

People  V.  Gallagher 3(52,  3(58 

People  V.  Gerke , .  .295 

People  V.  Gillespie 181 

People  V.  Glenn  Co .xiii,  82,  109 

People  V.  Goldtree 29,  317 

People  V.  Gordon 22,  183 

IVople  V.   Greene 21 

Peoph!  V.  Gunn 234,  235,  230,  237 

People  V.  CJunst 352 

People  V,  Gutierrez 184 

People  V.  Ilamberg 20 

People  V.  Hamilton 367 

People  V.  Ilaiiimond 128,  223,  352 

Peoi)le  V.    llannon 185 

People  V.    llardisson.  . , 22 

Peoi)le  V.  Ilailan    80,  82 

Pe()j)le  V.   Harrington 19 

People  V.    Ilaitnian 18 

People  V.  Harvey 153 

People  V.  Hayne xi,  137 

Peojile   V.   llecht 236 

Peoph^  V.  Henry 367 

Peo|)l.'  V.  Hensiiaw 13.  14,  16,  96,  103,  119,  222 

People    V.    Hibeniia    r.ank 298 

I'eoitle  V.  H  ig^iiis 21 

People  V.   iiill 76,  223,  226,  350,  351 


TABLE    OF   CASES   CITED.  XXXIX 

People  V.  Hoge 234,  235 

People  V.  Ilolden 60 

People  V.  HoUaday 45 

People  V.  Home  Ins.  Co 299 

People  V.  Horn 19,  20 

People  V.  llorsley 149 

People  V.  Houston 254 

People  V.  Howard 222 

People  V.  Hunckeler 21 

People  V.  James 20 

People  V.  Jewett vil,  352 

People  V.  Johnson.  .71,  148,  149,  150,  151,  216,  240,  332 

People  V.  Jordan 20,  146,  150 

People  V.  Joselyn 168 

People  V.   Kalloch 151 

People  V.  Keefer 22 

People  V.  Kelly 11 

People  V.  Kelsey 302 

People  v.  Kern  Co 165 

People  V.  Kerrigan 18 

People  V.  Kewen 201 

People  V.  King 96,  103,  185 

People  V.  Kuclies 150 

People  V.  Langdon 62,  04,  129,  346 

People  V.  Latham 300,  301,  303 

People  V.    Lawrence 168 

People  V.   Lee 184 

People  V.  Lee  Yune  Cliong 22,  23 

People  V.  lieouard 87 

People  V.  Lennox 10 

People  V.  Levee  Uist.  No.  6 219,  271 

People  V.  Linda  Vista  Irr.  Dist 94,  96 

People  V.  Lodi  High  School  Dist 65,  104,  196 

People  V.  Los  Angeles  E.  Ry.  Co 281 

People  V.  Lake  Co  213,  217 

People  V.   Larson 20 

People  V.  Logan 150 

People  V.  Lynch xii,  29,  51,  252,  254,  306 

People  V.  Mariposa  Co 62 

People  V.  Markhani 74,  173 

People  V.  Martin 255,  360 

People  V.  McCanley 174 

People  V.  McCreery 

295,  296,  299,  300,  302,  303,  313,  318 

People  V.  McCuue 29 


Xl  TABLE    OF   CASES   CITED. 

People  V.  McFadden 70,  108,  112,  119,  217 

People  V.  McGuire 208,  210 

People   V.   MoNealy 19 

People  V.  Meiggs'  Wharf  Co 151 

People  V.   Mellon 17-4 

People  V.  Middleton 351 

People  V.  Mier 157,  180 

People  V.  IMitchell 184 

People  V.  Mizner 127,  128 

People  V.  Mooiiey 22 

People  V.  Moore 159 

People  V.  Morino 18 

People  V.  Morse 45 

People  V.  ^lortimer 48 

People  V.  INIost 13 

People  V.  Mott 127,  129 

People  V.  Mulilner 22 

People  V.  Mullender 9G,  110,  111,  112 

People  y.  Mullins 226 

People  V.  Murray 184 

People  V.  Myers 208 

People  V.   Naglee 304 

People  V.  Nally 71 

People  V.  Nevada 04,  100 

People  V.  Newman 24;>,  359 

People  V.  Nyland 170 

People  V.  Ny  Sam  Chung 19,  21 

People  V.  Oakland 224,  23(>,  237 

People  V.  O'Brien ix,  24,  184,  185 

People  V.  Oiler 31 

People  V.  Olvera 158 

People  V.  Oreileus 19 

People  V.  Paclieco 9i»,  117,  2S4,  331,  332 

People  V.  Parker 128,  130 

People  V.  Parks 70,  93,  97,  253 

People  V.  I»arvin 93,  94 

People  V.   Paulscll 18;{ 

People  V.  Pondegast xiil,  76 

People  V.  Peralta 145 

People  V.  Perini 8 

People  V.  IVrry xv,  149,  153,  185,  351 

People  V.   IMioi'iiix 128 

Pcoitlc  V.  Piiigrce ir»l 

I*c(ilil<'  V.  F*i1tsl)urg  It.  It.  Co ;il(» 

People  V.  Pond 44,  223 


TABLE    OF   CASES   CITED. 


xli 


People  V.  Potter 180 

People   V.   Powell 10 

People  V.  Provines 01,  G4,  138,  218 

People  V.  Ransom 354,  367 

People  V.  Raymond 300 

People  V.  Reclamation  Dlst.  No.  551 30,  53,  57 

People  V.   Rediuger 10 

People  V.  Reid 129,  351 

People  V.  Rice 70,  77 

People  V.   Roberts 10 

People  V.  Rogers vii,  49 

People  V.  Rosborough 128,  104,  172 

People  V.  Ross 21,  185 

People  V.  Russ 328 

People  V.  Saeramenio  County 310 

People  V.  Samonset 184 

People  V.  Sanderson 04,  128 

People  V.  Sands 170,  180 

People  V.  Sassovich xii 

People  V.  Schmidt 22 

People  V.  Selma  Irr.  Dist 210 

People  V.  Senter 100 

People  V.  Seymour 48,  68 

People  V.  Shear 151,  351 

People  V.  Sierp 31 

People  V.  Smalling 19,  20 

People  V.   Smallman 150 

People  V.  Smith 23 

People  V.  Soto 155 

People  V.    Stanford 271 

People  V.  Stephens viii,  21,  200,  322,  326 

People  V.  Stockton  etc.  Co 282,  303 

People   V.    Stokes 160 

People  V.  Stratton 127,  352 

People  V.  Strother 260 

People  V.  Superior  Court 

94,  95,  100,  100,  112,  104.  212,  288 

People  V.  Supervisors 02,  250,  317 

People   V.    Sutton 23 

People  V.  Swafford 18 

People  V.  Tarbox 18 

People  V.  Templeton 210 

People  V.  Thompson 76,  77 

People  V.  Tinder 7,  8 

People  V.  Tisdale 48 


xlii 


TABLE   OF   CASES   CITED. 


People  T.  Titberington. 

People  V. 

People  V. 

People  V. 

People  V. 

People  V. 

People  V. 


Toal 138,  ITG,  180, 

Todd 

Travers 22 

Tucker 22, 

Turner. 7, 

Twelfth  District  Court 

vii.  13,  14,  51,  Gl,  02, 

People  V.  Verenesen-eckockockhoff 

People  V.   Vick 

People  V.  Wong  Wang 

People  V.  Waterman 

People  V.  AVebb is 

People  V.  Weller 


People  V.  Wells x,  128,  141, 

People  V.  Whartonby 

People  V.  Whitman .84,  87,  125, 

People  V.  AVhyler xv,  300,  303.  305, 

People  V.  Wiolimau 

People  V.  Williams 8, 

People  V.  Wong  Ah  Ngow 

People  V.  Woods 20 

Pereria  v.  Wallace 53,  2GG, 

Perkins,  Ex    parte 

Perkins  v.  Ralls 

Perry  v.    Ames 

Perry  v.  AVashburn 

Pfirrman,  Ex  parte 90,  243, 

Phelan  v.  San  Francisco xvi, 

Phelps  V.  Winchomb 

Philbrook,  In  re 

Pierpont  v.  Crouch 

I'ignaz  V.  Burnett 

Pioche  V.  Paul 

IMper.  Appeal  of 

IMttsburg  etc.  li.  K.  Co.  v.  Southwest  etc.  Ry.  Co. 

Polaok  V.  Gurnee 

Poland  V.  Carrigan 

Pollock  V.  rumniinfxs 160, 

Poliok   V.   San   Diego 

Pond    V.  Pond j 

l'<)])p('r  V.    Hroilerick 224, 

Porter.   lOslate    of 

I'orlcr   V.    Imus 

Porter  V.  TlKjmson 


1S4 
230 
347 
,  23 
23 
153 

102 
184 
151 
216 
173 
,  19 
173 
144 
301 
128 
307 

22 
150 
184 
,  44 
268 
7 
105 
159 
290 
250 

03 
351 
142 

92 

45 


XV 

40 
287 

10 
152 
179 

05 

104 

225 

3 

40 

97 


TABLE    OF   CASES   CITED.  Xliii 

Porter's  Trial 85,  86 

Portland    v.  Stock 99 

Portl.iid  II.  R.  Co.  V.  Railway  Co 292 

Potter  V.  Ames 37 

Powell  V.  Wilson 80 

Powelson   v.   Loekwood 14G 

Power  V.  May 91,  121 

Prader,  Ex  parte 41 

Price   V.  Whitman 84 

Prigg  V.   Commonwealth 5 

Prince  v.  Fresno 181 

Prince  v.  Lynch 278 

Pritchett  v.  Stanislaus  Co 220 

ProU  V.   Dunn 91 

Prouty  V.  Stover 76,  77 

Pryor    v.  Downey 29,  62 

Purdy  V.  Sinton xv 

Q 

Quale  V.  Moon 17 

Quan  Wo  Chung  v.  Laumelster 159 

Quigg  V.  Evans 237,  254 

B 

Raisch  v.  Sausalito  etc.  Co 149,  178 

Ramish  v.   Ilartwell 26 

Rankin  v.  Colgan Ill,  117 

Raner  v.  Williams.  103,  112,  115,  116,  219,  220,  221,  227 

Ream  v.  Siskiyou  Co 33,  91,  95 

Reardon  v.  San  Francisco 35 

Reclamation  Dist.  v.  Hagar 30 

Reclamation  Dist.  No.  108  v.  Evans 30 

Reclamation  Dist.  No.  124  v.  Gray 271 

Redlands  etc.   Co.  v.  Redlands 267 

Reed  v.  Bernal 157 

Reed  v.  Omnibus  R.  R.  Co xiii,  xv,  1(»:5,  179 

Regina  v.  Neale 13 

Reid  V.  Groezinger 215 

Reilly,  Ex  parte 176,  180 

Reis,  Ex  parte 368 

Reis  V.  State 331 

Rex    V.  Birt 13 

Rice  V.  National  City 241 

Richard's    Case 78 


XliV  TABLE   OF   CASES   CITED. 

Richards  v.  Wetmore .103 

Ricks  V.  Reed IGO 

Rider  v.   Regau 26,  27 

Ritchie  v.  Dorland l.Vj 

Riverside  Co.  v.  Butcher 341 

Roach,  Ex  parte 243 

Robinson  v.  D  uun 118,  120 

Robinson,  In  re 10 

Robinson  v.  Magee 43,  14 

Robinson  v.  Southern  Pac.  R.  R.  Co 2*J2 

Rode  V.  Siebe 102,  108,  303 

Rodley  v.  Curry l!5i» 

Roebling's  Sons  Co.  v,  Rutler 278 

Rogers,  In  re 24 

Rollins  V.  Wright 4(;,  102,  34U 

Romaine,   Ex  parte 5 

Rood  V.  jNIeCargar xv 

Rose  V.   Estudillo 45 

Rosenberg  v.  Frank I.IS.  150 

Ross  V.  Whitman (W 

Rowe,  Ex    parte 21 

Royer,  Estate    of 200 

Rndel  v.  Los  Angeles 3t> 

Rutledge    v.  Crawford 57 

Ryan  v.  Johnson 9,  15 

Ryder  v.  Cohn 137,  100 

S 

Sacramento  v.  Crocker 255,  304 

Sacramento   v.    Dillman 255 

Sacra nu'iito   Rank  v.   I'acilic   Uank 278 

Sail  (^iiali,  In  re 50 

San  r.eiiito  Co.  v.  Soutliern  Pac.  R.  K.  Co 20!> 

San  Kernardiiio  etc.  Uy.  Co.  v.  Haven 30 

San  Reraardiuo  v.  SouUiern  Pac.  Co 208 

Sanborn  v.  Rcidcn 37 

Sanborn  v.  Suin-rior  Court 17S 

Sanders  v.   Seliorn 217 

San  Diego  v.  Dani-r 105 

San  ]>i<'go  v.  lliggins 307 

San  Diego  v.  Einda  Vista  Irr.  Dist 305 

San  1  )iego  v.   Itiverside  County 21 1.  310 

San  Diego  Water  Co.  v.  San  Diego 38,  324 

San  ford  v.  Head 1.58 


TABLE    OF   CASES   CITED.  Xlv 

San  Francisco  v.  Anderson 297,  302 

San  Francisco  v.  Beideman 4  1 

San  Francisco  v.  Brodericli 110,  214,  215,  258 

San  Francisco  v.  Canavau 210 

San  Francisco  v.  Central  Pac.  R.  R.  Co 310 

San   Francisco  v.    Collins 38 

San  Francisco  v.  Dunn 90 

San  Francisco  v.  Fry 207,  301 

San  Francisco  v.  Flood 207 

San  Francisco  v.  Insurance  Co 143,  252,  254 

San  Francisco  v.  Kieruan 32,  05.  107,  2(iO 

San  Francisco  v.  La  Societe  etc 208 

San  Francisco  v.   Lux 319 

San  Francisco  v.  Spring  Valley  W.  W 

XV,  15,  92,  03,  102,  271,  272,  298,  302 

San  Francisco  v.  Talbot 297 

San  Francisco  v.  Western  Union  Tel.  Co 290 

San  Francisco  etc.  Co.  v.  Bates 29  40,  2(j8,  306 

San  Francisco  etc.  Factory  v.  Brickwedel 325 

San  Francisco  etc.  R.  R.  Co.  v.  Caldwell 34,  39 

San  Francisco  etc.  R.  R.  Co.  v.  State  Board .... 

94,   108,   302,   318,   310 

San  Francisco  etc.  R.  R.  Co.  v.  Taylor 38 

San  Francisco  Gas  Co.  v.  Bricliwedel 202 

San  Francisco  Gas  Co.  v.  Dunn 207 

San  Francisco  Sav.  Union  v.  Abbott 362 

San  Gabriel  Co.  v.  Witmer  Co viii,  310 

San  Jose  v.  San  Jose  etc.  R.  R.  Co 30  i 

San  Jose  Ranch  Co.  v.  San  Jose  etc.  Co..  .25,  20,  140 

San  Jose  Sav.  Bank  v.  Pilaris 278 

San  Luis  Obispo  v.  Drake x,  215 

San  Luis  Obispo  v.  Farnum 250 

San  Luis  Obispo  v.  Graves.  ....  .14,  108,  212,  214,  243 

San  Luis  Obispo  v.  Greenljerg 2.50 

San  Luis  Obispo  County  v.  Felts 196,  320 

San  Luis  Water  Co.  v.  Estrada 272. 

San  Mateo  v.  Coburn 40 

San  Mateo  W.  W.  v.   Sharpstein .37 

Santa  Ana  v.  Brunner ,39 

Santa  Barbara  v.  Eldred 107,  177 

Santa  Barbara  v.   Sherman 186 

Santa  Barbara  v.  Stearns 105,  304 

Santa  Cruz  v.  Enright 104,  223 

Santa  Cruz  etc.  Co.  v.  Santa  Clara l."2 

Santa  Cruz  Rock  etc.  Co.  v.  Lyons 28 


Xlvi  TABLE   OF   CASES   CITED. 

Santa  Rosa  v.  Coulter V, 

Santa  Rosa  City  R.  R.  Co.  v.  'Railway  Co 142 

Santa  Rosa  Nat.  Bank  v.  Barnett 273,  275,  27i) 

Saunders  v.  Ilaynes 10(» 

Savings  etc.  Soc.  v.  Austin 71,  214,  298,  301,  31G 

Savings  etc.  Soc.  v.  San  Francisco 310 

Schroeder  v.  Grady 317 

Schumaker  v.  Toberman 29,  254 

Schwartz    v.  Wilson 202 

Scollay  V.  Butte  Co 7<) 

Seale    v.  Ford 362 

Seale   v.  Mitchell 145 

Searcy  v.  Grow 88 

Seattle  Coal  etc.  Co.  v.  Thomas 164 

Security  Sav.  etc.  Co.  v.  Hinton 223,  235,  253 

Seciu-ity  Sav.  Bank  v.  San  Francisco 298 

Seube,  Ex  parte 256 

Sharon  v.  Sharon ix,  151 

Sharp    V.   Blankenship 24 

Sharpe  v.  Contra  Costa  Co 45,  208 

Shaw    v.  Statler 263 

Shealor  v.  Superior  Court 178 

Sherer  v.   Superior  Court 169 

Sherman  v.  Buick 34,  35 

Slieward  v.  Citizens'  Water  Co 324,  325 

Sluiulcr,  Ex  parte 4,  41,  62,  243,  249 

Sic.  In  re 244 

Siddail  v.   Harrison 160 

Siemssen  v.  Bofer 50 

Sievers  v.  San  Francisco 36 

Simmons  v.  Bra inard 148 

Simons  v.   Bedell 15S,  1(>.'5 

Sing  Leo,  Ex  parte 242,  250 

Sint(»n  V.  Ashbury 225.  253 

Skillman   v.   Lackman 147,   143 

Skinner  v.  J?uek 26 

Slocum  V.  Boar  Valley   Irr.  Co 105 

Sniilie  v.  Fresno 263 

Smith  V.   Auib-ews 1«{I) 

Smith  V.  Broderick 262 

Smith   V.    Brown 351 

Smilli  V.  Dunn 110,  120 

Sndlh,   Ex  i)!irte 41 

Smith  V.  Farn-lly .105 

Smith  V.   KcniK-ld 110.   i.S(5 


TABLE    OF   CASES   CITED.  Xlvii 

Smith  V.  McDermott 102,  107.  n.iS 

Smith  V.  Morse 43,  47 

Smith   V.   Oulvland l~>'^ 

Smith  V.  Omnibus  R.  R.  Co 170 

Smith  V.  St.  Lawrence  Co ("7 

Smith  V.   Strother G2,  G3 

Smith  V.  Westerfield loO 

Smith  &  Keating,  Ex  parte 4,  14,  16,  219 

Smith's     Case T9 

Solano  Co.  v.  McCudden 13 

Solomon,  Ex  parte 241 

Solomon  v.  Reese 148.  156 

Somers  v.  State 351 

Sonoma  Valley  Bank  v.  Hill 27S 

Southern  Cal.  Ry.  Co.  v.  Superior  Court 150 

Southern  Pac.  R.  R.  Co.  v.  Pixley 167 

Southern  Pac.  R.  R.  Co.  v.  Reed 3.3 

South  Pasadena  v.  Terminal  Ry.  Co 245,  240 

Southwick  V.  Davis 334 

Soto,  Ex    parte 181 

Sparks.  Ex  parte 138,  237,  230 

Spauldiug  V.    Mead 78 

Speegle    v.  Joy 360 

Spencer  (reek  Water  Co.  v.  Vallejo.  . .  .137,  165,  166 

Spier  V.  Baker 56,  57,  5U,  94,  105,  310 

Spinney  v.  GritHth 350 

Spreckels  v.  Hawaiian  Com.  etc.  Co 158 

Spring  A'alley  W.  W.  v.  Barber 297 

Spring  Valley  W.  W.  v.  Bartlett 325 

Spring  Valley  W.  W.  v.  Bryant 272 

Spring  Valley  W.  W.  v.  Drinkhouse 37 

Spring  Valley  W.  W.  v.  Schottler.  .267,  298,  303,  326 

Spring  Vallev  W.  AV.  v.  San  Francisco 

42,  70,  159,  261J.  273.  322,  323,  324,  325,  360 

Stafford   v.  Lick 47 

Stanford,  Estate  of 91,  109,  118 

Stanford    v.    San    Erauciyeo 36 

State   V.  Boyd 86 

State  V.   Brandt 351 

State  V.  Brasstield 97 

State  V.  Collier 349 

State   V.  Cunuinglia  m 77 

State    V.  Doron viii 

State  V.  Dudley 77 


Xlviii  TABLE   OF   CASES   CITED. 

State  V.  McCauley 8,  331,  332 

State   V.  rurdy 340 

State  V.  Sloan 122 

State  V.  Smith 50,  194 

State  V.  Steamship  Constitution 341,  342 

State  Census,  In  re 7t> 

Staude  v.  Election  Commi's ix,  61,  63,  223 

Stein  V.  Howard 283 

Stephen,  Ex  parte 244,  251 

Stevens,  In  re .137 

Stevens  v.  Truman 63 

Stevenson  v.  Colgau xi,  117 

Stewart  v.  Kyser 60 

Stilphen  v.  Ware 278 

Stockton  V.  Insurance  Co 224,  313 

Stockton  etc.  Co.  v.  Galgiana 38,  150 

Stockton  etc.  R.  R.  Co.  v.  Stockton 

xii,  xiii,  34,  100.  284,  303 

Stone  V.  Elkins 62 

Stoppelkamp  v.  Mangeot 178 

Storke  v.  Goux 241 

Stratman,  Ex  parte 13S 

Stuart,  In  re 251,  353,  35S 

Summerlaud  v.  Bickncll 16,  216,  21S 

Suthei-land  v.  Swoem 180 

Suydam  v.  Moore 287 

Swails  V.  White 90 

Swamp  Land  Dist.  No.  150  v.  Silver 210 

Sweet  v.  Tice 14S 


Tav  V.  Ilawley 28 

Tayh)v,   Ex   parte 224,   24  i 

Taylor  v.  Hill 27 

Taylor  v.  Mott 118,  120 

Taylor  v.   Palmer 20,  40,  254,  268,  296,  305,  306 

Taylor  v.   Reynolds 10 

Taylor  v.  Taintor 5 

Tehama   ( 'o.   v.   Bryan 38 

Toralla  Land  etc.  Co.  v.  Shaffer 46 

'J'crrett  v.   Taylor 5 

Thistlcton,  Ex  jtarle 147 

Thomas    v.  Anderson 157 


TABLE   OF   CASES   CITED.  xlix 

Thomas,  Ex  parte •_•  •  9" 

Thomas  v.  Justice's  Court 165,  180 

Thomason  v.  Ashworth 223,  269,  338 

Thomason  v.  Ru-sl(>s ix,  223,  2G9,  338,  360 

Thompson  v.  Williams 145,  170 

Thorn  v.  San  Francisco 43,  46 

Thoi'nton  v.  Hooper 43,  44 

Thresher  v.   Atchison 46 

Tluulock  Irr.  Dist.  v.  Williams 33 

Thurston  v.  Clark 23 

Toland  v.  Earl 159,  163 

Tolaud,  Ex  parte 362 

Tolman  v.   Smith 168 

Tomlinson,  Matter  of 164 

Tomsky  v.  Superior  Court 28,  161 

Tona'wanda  v.  Lyon 29,  40 

Town  etc.  v.  Frieze 99 

Townsend  v.  Brooks 169 

Trahern  v.  San  Joaquin  Co 37 

Treadwell  v.  Yolo  Co 241 

Tregea  v.  Owens 305,  309 

Trezevant  v.  Strong  Co 285 

Tril)une  Co.  v.  Barnes 97 

Trumbull's    Case 78,  135 

Trumpler  v.  Trumpler 14.3 

Tucker  v.  Aiken 349 

Tulare  v.  Hevren 106,  155,  15(> 

Tulare  Co.  v.  Jefferds 241 

Tulare  Co.  v.  Kings  Co 210 

Tulare  Co.  v.  May 15,  108,  110,  111,  112,  217,  258 

Tuolumne  Redemption  Co.  v.  Sedgwick 46 

Turlock  Irr.  Dist.  v.  Williams 296 

Turner,  In  re 50^ 

Turner  v.  Siskiyou  Co 15,  107,  215. 

Turney  v.  Marshall 78,  135 

Tuskaloosa  B.    Co.  v.  Olmsted 99 

Tuttle  V.  Block 46 

Tuttle,  Ex  parte 242,  247 

Tyler  v.  Houghton 7,  15.3 

Tyler  v.  Tehama  Co 36 


Underhill  v.  Santa  Barbara  etc.  Imp.  Co 283 

United  States  v.  Ballin 79 

United  States  v.  Cooper 80 

Constitution — v 


1  TABLE   OF   CASES   CITED. 

United  States  v.  Gveatboiise 51 

Fnited  States  v.  Hanway 51 

United  States  v.  Haitwell 351 

United  States  v.  Rhodes 5 

University  of  California  v.  Bernard xii,  98 

Upliam   V.    Supervisoi's 09,  208 

Uridias  v.  Morrill G4,  138 

Urton  V.  Wilson 335 

Urtou  V.  Woolsey 107 


Vail  V.  San  Diego  Co 13,  103,  111,  215 

Vanderhurst  v.  Tlaolcke 247 

Van  Harliugen  v.  Doyle 15,  52 

Van  Hoffman  v.  Quincy 5 

Van  Valkenburg  v.  Brown 56 

Vassault    v.  Austin 138 

Vaughn  v.  English 127,  351 

Ventura  Co.  v.  Clay 157,  250 

Vernon  School  Dist.  v.  Board  of  Education 

90,  103,  227 

Vilhac  V.  Stockton  etc.  K.  K.  Co 37 

Vincent  v.  Chicago  etc.  K.  R.  Co 280 

VoU,  Ex  parte 8 

Votan  V.  Reese 147,  148 

Vulicevich  v.  Skinner 185 

W 

Waldron  v.  Railroad  Co 287 

Walkcrly,   Estate  of 151 

Wall,  Ex  parte 09,  212,  213 

Wallingford,  Ex  parte 108 

Walser  v.   Austin 10,   108,  212,  217 

Walsh  V.  Mathews 40,  307 

Walsh  V.  Mathews 305,  300 

Walthor  v.   Raholt 5,  49 

Ward    V.  Flood 195 

Ware  v.  Robinson 2(5 

Warner    v.    Hall 14<{ 

Wai  iicr  V.  Kolly 140 

Washington   v.   Mlack x,  92,  103 

Waterloo  etc.   Road  Co.   v.   Cole 272 

Watt    V.  Wright 1 55 

Weaver  v.   San   Francisco 202,  203 


TABLE   OF  CASES   CITED.  11 

Webb  V.  Hanson lo4 

Weber  v.  Santa  Clara  Co 37 

Weiderkind  v.  Tuolumne  Co.  Water  Co 185 

Weill  V.  Kenfield vii,  82,  352 

Welch    V.  Strother 2G3 

Wells  V.  Black 275,  27G 

Wells,  Ex  parte 189 

Wells  V.  Torrance IGO 

Wells,  Farso  &  Co.  v.  Board  of  Equalization 31S 

Wells,  Farso  &  Co.  v.  Enright 278 

Welsh  V.  Bramlet 

16,  108,  110,  212,  213,  215,  216,  217,  240 

Werner,  In  re 96,  243 

West   I'hil.  Pass.  R.  R.  Co.  v.  Union  Pass.  R.  Co.  81 

Westertield,  Ex  parte 106 

Western  etc.  Co.  v.   Knickerbocker 72,  101 

Wheeler  v.  Donnell 153 

White,  Ex  parte 248 

White  V.  Lighthall ,146 

Whitehnrst  v.   Stuart 278 

Whiteman  v.  Wilmington  etc.  R.  R.  Co 130 

Whiting  V.  Haggard 359 

Whiting  V.  Quackenbush 29,  40,  268,  306 

Whiting  V.  Townseud 29,  40,  63,  268,  306 

Whitney,  Matter  of 77 

Whitwell,  Ex  parte 249 

Wickersham  v.  Brittan 168,  358,  368 

Wigmore  v.  Buell 13,  16,  102 

Wilcox  V.    Oakland 168 

Wilson  V.  Roach 145,  161 

Will    V.   Sinkwitz 170 

Willard  v.  Superior  Court 18,  31 

Williams  v.   Corcoran 303,  305 

AVilliams,  Ex  parte 106,  107,  362 

Williams  v.  Williams 159 

Willis  V.  Farley 152 

Wills   V.   Austin xv,   29 

Wilmerding,  In  re 297 

Wilson  V.  Supervisors 300 

Winchester  v.  Mabury 270 

Winona  etc.  R.  R.  Co.  v.  Blake 289 

Winona  etc.  R.  R.  Co.  v.  Waldron 287 

Winona  Wagon  Co.  v.  Bull 276 

AVinslow,  Estate  of 151 

Winter  v.  Fitzpatrick 153 


lii  TABLE   OF   CASES   CITED. 

Wittmeier,  Estate    of lot 

Wolters,  Ex  parte 251 

Wong  Hane,  Ex  parte 24") 

Wong  You  Ting,  Ex  parte 9.  1<> 

Wood  V.  Election  Commrs 03,  227 

AVoodruff  V.  Baldwin 07 

Woods  V.  Varnnm 0,  8t*. 

Woodward  v.  Fruitvale  Sanitary  Dist 

xii,   72,  80,  254,  257 

Wratten  v.   Wilson 1 7S 

Wright  V.  Central  etc.  Water  Co 28^ 

WVight  V.  Del  Norte  Co 158 

Wright  V.  Langenour 351 

Wulzen  V.  Supervisors 25.  27,  02 

Wysiuger  v.  Crookshank 195 


Yale,  Ex   parte r>45 

Yarnell  v.  Los  Angeles 257,  250 

Yick  Wo,   In  re 248 

Yolo  Co.  V.  Colgan 80.  82 

Yolo  Co.   V.   Dunn 00 

Y'olo  Co.  V.  Sacramento 150 

York  Co.  V.  Dalhousie 180 

Yosemite  Stage  etc.  Co.  v.  Dunn 118 

Young  V.  Rosenbaum 278 

Young  V.   Wright 180 

Yule  V.  Bishop 277 


Zabriskie  v.  Torrey 147 

Zander  v.  Coe 145.   177 


CONTENTS 


OF 


CONSTITUTION  OF  1879. 


§ 

1, 

s 

2. 

§ 

3. 

§ 

4. 

§ 

5. 

§ 

6. 

§ 

7. 

s 

8. 

§ 

9. 

s 

10. 

§ 

11. 

§ 

12. 

§ 

13. 

§ 

14. 

§ 

15. 

s 

16. 

« 

17. 

§ 

18. 

.»; 

11). 

AETICLE  I. 

DECLARATION  OF  EIGHTS. 

Inalienable  rights. 

Political  power. 

Relation  to  the  American  Union. 

Religions  freedom. 

Habeas  corpus. 

Right  to  bail — Rights  of  witnesses. 

Trial  by  jury. 

Offenses,  how  prosecuted. 

Liberty  of  speech  and  freedom  of  the  press- 
Trials  for  libel. 

Popular  assemblies. 

Uniformity  of  laws. 

Military  power. 

Personal  and  property  rights. 

Eminent  domain. 

Imprisonment  in  civil  cases. 

Laws    prohibited— Bills  of  attainder,   ex  post 
facto,  etc. 

Rights  of  foreign  residents. 

Slavery  prohibited. 

Searches  and  seizures,  restriction  on. 
(liii) 


liV  CONTEXTS   OF   COXSTITUTIOX    OF    1879. 

§  20.  Treason  defined. 

§  21.  Privileges  and  immunities  of  citizens. 

§  22.  Provisions  of  constitution  construed. 

§  23.  Rights  I'etained  by  the  people. 

§  24.  Property   qualification  not  required. 


AETICLE  11. 

RIGHT  OF  SUFFRAGE. 

§  1.     Who  are  and  who  are  not  electors. 

§  2.     Privileges  of  electors. 

§  2y2.  Primary  elections. 

5j  3.     Militia  duty,  privilege  of  electors. 

§  4.     Residence  of  voters,  gained  or  lost. 

§  5.     Election  by  ballot. 

AETICLE  III. 

DISTRIBUTION  OF  POWERS. 

ARTICLE  IV. 

LEGISLATIVE  DEPARTMENT. 

§     1.  Senate  and  assembly,  and  enacting  clause. 

§     2.  Sessions  of  legislature. 

§     3.  Election  and  term  of  assemblymen. 

4.  Election  and  term  of  senators. 

6.  Number  and  classes  of  senators. 

6.  Senatorial  and  legislative  districts. 

7.  Organization  of  legislature. 

8.  What  number  constitutes  a  quorum. 
0.  Rules  for  their  government— Expulsions. 

§  10.     Each  house  to  keep  a  journal. 
S  11.     Privilege  of  members. 


CONTENTS   OF   CONSTITUTION   OF    1879.  Iv 

§  12.     Vacaucles,  how  filled. 

§  13.     Open  doors  and  secret  sessions. 

§  14.     Adjournment,  how  long  and  where  to. 

§  15.     Origiu  and  passage  of  bills. 

S  10.     Approval   and   return   of  bills— Passage   over 
veto. 

§  17.     Impeachments,  presentment  and  trial  of. 

§  IS.     What    officers    liable    to    impeachment— Judg- 
ment on. 

§  19.     Member  ineligible  to  office  created  during  the 
term. 

§  20.     Who    ineligible   to  office  under   state   govern- 
ment— Proviso. 

§  21.     Embezzlement  or  defalcation— Penalty  for. 

§  22.     Public  moneys  and  accounts— Statement  of  re- 
ceipts and  expenditures. 

§  23.     Compensation  not  to  be  increased  during  term. 

§  24.     Title    of    laws— Revision     and     amendment- 
Publication  of. 

§  25.     Local  and  special  laws  prohibited. 

§  26.     Lotteries    prohibited — Purchase    and    sale    of 
shares  of  stock  to  be  regulated. 

§  27.     Congressional  and  senatorial  districts. 

§  28.     Elections  by  legislature  to  be  viva  voce. 

§  29.     General  appropriation  bill,  what  to  contain. 

§  30.     Restriction    on  appropriations    and    grants  of 
aid. 

§  31.     Credit    of    state    or   municipalities   not    to    be 
loaned. 

§  32.     Extra  compensation  to  officers  forbidden. 

§  33.     Charges  of  gas  and  telegraph  corporations  to 
be  regulated. 

§  34.     Special  appropriation  bill,   restriction  as  to. 

§  35.     Lobbying  defined— Punishment  for. 


Ivi  CONTENTS    OF   CONSTITUTION   OF    1879. 

AETICLE  V. 

EXECUTIVE  DEPARTMENT. 

§     1.  Executive  power  vested  in  governor. 

§     2.  Election  of  governor  and  term  of  office, 

§     3.  Eligibility  and  qualifications. 

§     4.  Returns  of  election — Counting  votes. 

§    5.  Governor  to  be  commander-in-chief  of  militia. 

§     6.  Executive  business  of. 

§     7.  To  see  that  lav^^s  are  executed. 

§    8.  To  fill  vacancies  in  office. 

§     9.  When  to  convene  special  sessions. 

§  10.  Messages  to  legislature. 

§  11.  When   to  ad.iourn  legislature. 

§  12.  Disability  to  hold  other  offices. 

§  13.  Keeper  of  seal  of  state. 

§  14.  To  sign  and  seal  grants  and  commissions. 

§  15.  Lieutenant-governor— Election  of,  etc. 

§  16.  When  powers  of  governor  devolve  on. 

§  17.  State  officers— Election  and  terms  of  office. 

§  18.  Secretary  of  state— Duties  of. 

§  19.  Compensation  of  state  officers. 

S  20.  Governor— Ineligible  to   United   States  senate. 

AETICLE  VI. 

JUDICIAL  DEPARTMENT. 

§     1.  Judicial  powers. 

§    2.  Supreme  court,  how  constituted. 

§    3.  Election  of  supreme  justices. 

§    4.  Jurisdiction  of  supreme  court. 

§    5.  Superior  court,  .I'urisdiction. 

§     6.  Superior  court,  how  constituted. 

§     7.  Superior   judges,   apportionment   of   business. 


CONTENTS   OF   CONSTITUTIOX    OF    1879.  Ivii 

§  8.  Judge  may  hold  court  in  other  county — Judge 
pro  tempore. 

§     9.  Leave  of  absence — Limitation  of  time. 

§  10.  Ju.stices  and  judges,  how  removed. 

§  11.  Justices  of  the  peace,  provision  for. 

§  12..  Courts  of  record. 

§  13.  Jurisdiction  of  inferior  courts  to  be  fixed  by 
legislature. 

§  14.  Clerks  of  courts  and  court  commissioners. 

§  15.  Judicial  officers  not  to  receive  fees  and  per- 
quisites. 

§  16.  Supreme  court  opinions  to  be  publislied. 

§  17.  Compensation  of  justices  and  judges. 

§  18.  Justices  and  judges  ineligible  to  other  offices. 

§  19.  Charges  to  juries. 

§  20.  Style  of  process. 

§  21.  Reporter  of  supreme  court  decisions. 

§  22.  Judges  not  to  practice  law. 

§  23.  Eligibility  of  justices  and  judges. 

§  24.  Condition  precedent  to  draft  of  salary. 


AETICLE  VII. 

PARDONING  POWER. 


AETICLE  VIII. 

MILITIA. 

1.  Organization  and  calling  forth  of. 

2.  Device,  banner,  or  flag  to  be  used. 


Iviii  CONTENTS   OF   CONSTITUTION   OF   1879. 

ARTICLE  IX. 

EDUCATION. 

§     1.     Promotion  of  intellectual  improvement. 

§     2.     Superintendent  of  public  instruction. 

§     3.     County  superintendents   of  schools. 

§  4.  School  funds,  source  and  origin,  and  how  ap- 
propriated. 

§     5.     Sj'stem  of  common  schools  to  be  provided. 

§     6.     School  system,  what  to  include. 

§  7.  Text-books,  who  to  adopt— Local  boards  of  ed- 
ucation. 

§    8.     Sectarianism  prohibited. 

§  9.  University  fund,  creation,  management,  and 
application  of. 

§  10.     Leland   Stanford  Junior  University. 

§  11.    The  California  School  of  Mechanical  Arts. 

ARTICLE  X. 

STATE     INSTITUTIONS     AND    PUBLIC    BUILD- 
INGS. 

§  1.  State  prison  directors,  appointment  and  term 

of  office. 

§  2.  Authority  and   duties   of. 

§  3.  Power  of  appointment  of  employees. 

S  4.  Allowance  for  expenses. 

S  5.  Powers  and  duties  to  be  regulated  by  law. 

§  6.  Convict  labor  to  be  regulated. 

ARTICLE  XI. 

CITIES,  COUNTIES.  AND  TOWNS. 

§     1.     Comities  as  subdivisions  of  the  state. 
§     2.     Kcnioval   of   county   seats. 


CONTENTS   OF   CONSTITUTION   OF   1879.  lix 

§    3.     New  counties,  establishment  of. 

§  4.  County  governments  to  be  uniform,  under  gen- 
eral laws. 

§  5.  Boards  of  supervisors,  election  and  appoint- 
ment of. 

§  6.  Municipal  corporations  to  be  controlled  by  gen- 
eral laws. 

§  7.  City  and  county  governments  may  be  consoli- 
dated. 

?    8.     Oity  charters,  how  framed  and  ratified. 

§    8V2.  City  and  county  charters,  to  contain  what. 

§    9.     Compensation  of  officers. 

§  10.     State  taxes,  no  release  or  discharge  from. 

§  11.  Local  police,  sanitary,  and  other  regulations 
may  be  enforced. 

§  12.     Assessment  and  collection  of  taxes. 

§  13.  Powers  not  to  be  delegated  to  special  commis- 
sion, etc. 

§  14.     Inspection  officers,  appointment  of. 

§  15.  Private  property  not  liable  for  corporate  debt 
of  municipality. 

§  IG.     Moneys,  etc.,  to  be  deposited  with  treasurer. 

§  17.     Making  profit  out  of  public  funds  a  felony. 

§  18.     Restriction  on  power  to  incur  indebtedness. 

§  19.     Street  improvements. 


AETICLE  XII. 
CORPORATIONS. 

1.  Corporations  to  be  formed  under  general  laws. 

2.  Dues  to  be  secured  by  individual  liability,  etc. 

3.  Stockholders  to  be  individually  liable. 

4.  Corporations  construed. 

5.  Banking  prohibited. 

6.  Existing  charlwrs,  when  invalid. 


IX  CONTEXTS   OF   CONSTITUTION   OF   1879. 

§  7.  Charters  not  to  be  extended,  nor  forfeiture  re- 
mitted. 

§  8.  All  franchises  subject  to  the  right  of  eminent 
domain. 

§    9.     Restrictions  on  powers  of  corporations. 

§  10.     Liabilities  of  franchise  under  lease  or  grant. 

§  11.     Corporation  stock,  restriction  on  issue  of. 

§  12.  Election  of  directors— Cumulative  or  distribu- 
tive votes. 

§  13.  State  not  to  loan  its  credit  nor  subscribe  to 
stock  of  corporations. 

§  14.  Corporations  to  have  office  for  transaction  of 
business  in  stocks. 

§  15.     Foreign  corporations,  conditions. 

§  16.     Corporations,  -where  to  be  sued. 

§  17.  Transportation  companies,  rights  and  liabili- 
ties of. 

§  18.  Officers  of  corporations,  restriction  as  to  in- 
terests. 

§  19.  Free  passes  on  railroads  prohibited  to  state 
officials. 

§  20.  Fares  and  freights  to  be  regulated  by  govern- 
ment. 

§  21.  Discrimination  in  charges  by  carriers  forbid- 
den. 

§  22.     Railroad  districts,  organization  of. 

§  2.3.     Temporary  railroad  districts. 

§  24.     Legislature  to  pass  laws  to  enforce  this  article. 


AKTICLE  XIII. 

REVENUE  AND  TAXATION. 

1.  Taxation  to  be  in  proportion  to  value. 
IVa.  Churches  exempt  from  taxation. 

2.  Land  and  improvements  to  be  separately  as- 

sessed. 


CONTENTS   OF   CONSTITU'lION   OF    1S79.  Ixi 

§     3.  Soctionized    aud    unsectionized  laud,   how  as- 
sessed. 

§     4.  Securities,  taxable. 

§    5.  Contract  of  borrower  to  pay  tax  on  loan  void. 

§    6.  Power  of  taxation  cannot  be  surrendered. 

§    7.  Payment  of  taxes  by  installments. 

§     8.  Annual  statement  of  property  to  be  given. 

§     9.  State  board  of  equalization. 

§  10.  Property,  where  assessed. 

§  11.  Income  taxes. 

§  12.  Poll  tax. 

§  12%.  Young  trees  and  vines  exempt  from  taxation. 

§  13.  Laws  to  be  passed  by  legislature. 


AETICLE  XIV. 
WATER  AND  WATER  RIGHTS. 

AETICLE  XV. 
HARBOR  FRONTAGES,  ETC. 

AETICLE  XVL 

STATE  INDEBTEDNESS. 


AETICLE  XVIL 
LAND  AND  HOMESTEAD  EXEMPTION. 

1.  Homesteads. 

2.  Land  monopoly. 

3.  Lands  granted  only  to  actual  settlers. 

Constitution — vi 


liii  CONTENTS   OF   CONSTITUTION   OF   1879. 


AETICLE  XVIII. 

AMENDING    AND     REVISING    THE    CONSTITU- 
TION. 

§     1.     Proposal  of  amendments— Submission  to  vote. 
§    2.     Revision— Convention  for. 


AETICLE  XIX. 

CHINESE. 

§  1.  Protection  from  alien  paupers,  etc. 

§  2.  Corporations  proliibited  from  hiring  Chinese. 

§  3.  Public  works,  Chinese  not  to  be  employed  on. 

§  4.  Coolieism  prohibited— Removal  of  Chinese. 

ARTICLE  XX. 
MISCELLANEOUS  SUB.IECTS. 

§     1.     Seat  of  government. 

§     2.     Dueling,  disabilities  arising  from. 

§    3.     Oath  of  office. 

§  4.  .  Election  and  appointment  of  officers  and  com- 
missioners. 

§     5.     Fiscal  year. 

§     G.     Suits  against  state, 

§     7.     iMarriage  contracts,  validity  of. 

§    8.     Separate  property  of  husband  and  wife. 

§     9.     Perpetuities  not  allowed. 

§  10.  Disqualification  for  office  by  giving  or  taking 
bribe. 

§  11.  Exclusion  from  offic'e,  jury,  and  riglit  of  suf- 
frage of  certain  persons— Protection  of  right 
of  suffrage. 

§  12.     Residence,  when  absence  not  to  affect. 


CONTENTS   OF   CONSTITUTION    OF    1879.  Lsui 

§  13.  Plurality  vote  to  elect 

§  14.  State  board  of  health. 

§  15.  Mechanic's  lien. 

§  16.  Term  of  office,  duration  of. 

§  17.  Eight  hours  a  legal  day's  labor, 

§  18.  Sex  not  a  disqualification  for  business. 

§  19.  Payment  of  expenses  of  convention. 

§  20.  Election  of  officers— Term,  when  commences. 


AETICLE  XXL 
BOUNDARY. 

AETICLE  XXII. 

SCHEDULE. 

§     1.  Laws  to  remain  in  force. 

§     2.  Recognizances,   obligations,  etc.,  unaffected. 

§    3.  Courts,  save  justices'  and  police  courts,  abol- 
ished—Transfer of  records,  books,  etc. 

§     4.  State  printing. 

§     .5.  Ballots  to  be  printed. 

§     6.  Registers,  poll-books,  etc.,  to  be  furnished. 

§     7.  Who  entitled  to  vote  for  constitution. 

§     8.  Canvass  of.  returns  of  vote. 

§     9.  Computing  returns  of  vote. 

§  10.  Terms  of  officers  first  elected. 

§  11.  Laws  applicable  to  judicial  system. 

§  12.  Constitution,  when  to  take  effect. 


CONSTITUTION 

OF   THE 

STATE  OF  CALIFORNIA. 


Adopted    in     Convention,     at     Sacramento^ 

March  3,  A.  D.  1879 ;  Ratified  by  a  Vote 

OF  the  People  on  Wednesday^ 

May  7,  1879. 


PREAMBLE    AND    DECLARATION    OF 
RIGHTS. 

PREAMBLE. 

We,  the  people  of  the  state  of  California,  grate- 
ful to  Almighty  God  for  our  freedom,  in  order 
to  secure  and  perpetuate  its  blessings,  do  establish 
this  constitution. 

STATE  OF  CALIFORNIA.— The  names  "The  State 
of  California"  and  "The  People  of  the  State  of  Cali- 
fornia" describe  the  same  party,  and  a  statute  which 
requires  a  bond  to  be  piven  in  one  name  is  satisfied 
bv  a  bond  given  in  the  other.  (People  v.  Love,  19 
Cal.  C>76.) 

FORM  OF  GOVERNMENT.— Our    system    is    not 
a  pure   democracy,   but   a   representative  republican 
government.     (Hobart  v.   Supervisors,  17  Cal.  23.) 
Constitution— 1  (1) 


Alt.    1,    §  1  CONSTITUTION   OF    1879.  2 

ARTICLE  I. 
DECLARATION  OF  RIGHTS. 

§    1,  Inalienable  rights. 

§    2.  Political  power. 

§    3.  Relation  to  the  American  Union. 

§     4.  Religious  freedom. 

§     5.  Habeas  corpus. 

§     6.  Right  to  bail— Rights  of  witnesses. 

§     7.  Trial  by  jury. 

§     8.  Offenses,  how  prosecuted. 

§  9.  Liberty  of  speech  and  freedom  of  the  press- 
Trials  for  libel. 

§  10.  Popular  assemblies. 

§  11.  Uniformity  of  laws. 

§  12.  Military  power. 

§  13.  Personal  and  property  rights. 

§  14.  Eminent  domain. 

§  15.  Imprisonment  in  civil  cases. 

§  16.  Laws  prohibited— Bills  of  attainder,  ex  post 
facio,  etc. 

§  17.  Rights  of  foreign  residents. 

§  18.  Slavery  prohibited. 

§  19.  Searches  and  seizures,  restriction  on. 

I  20.  Treason  defined. 

§  21.  Privileges  and  immunities  of  citizens. 

§  22.  Provisions  of  constitution  construed. 

§  23.  Rights  retained  by  the  people. 

§  24.  Property  qualification  not  required. 

Section  1.  All  men  are  by  nature  free  and  in- 
dependent, and  have  certain  inalienable  rights, 
among  which  are  those  of  enjoying  and  defending 
life  and  liberty ;  acquiring,  possessing,  and  protect- 
ing property;  and  pursuing  and  obtaining  safety 
and  liajipincss. 


3  CONSTITUTION  OF  1879.  Art.    I,    §  1 

PROPERTY.— The  right  of  acquiring:,   possessing', 
and  protecting  property  is  one  of  tlie  primary  objects 
of   government,    is    guaranteed    by    the    constitution, 
and  cannot  be  impaired  by  the  legislature.     (Billings  , 
V.  Hall,  7  Cal.  1.) 

The  right  of  protecting  property  is  not  the  mere 
right  to  protect  it  by  individual  force,  but  the  right 
to  protect  it  by  the  law  of  the  land,  and  the  force 
of  the  body  politic.     (Billings  v.  Hall,  7  Cal.  1.) 

The  right  to  acquire  property  is  the  right  to  use 
the  proper  means  to  attain  the  end;  and  the  use  of 
such  means  cannot  be  prohibited  by  the  legislature, 
unless  the  peace  and  safety  of  the  state  I'equire  it. 
(Ex  parte  Newman,  9  Cal.  502.) 

An  act  requiring  a  party  to  pay  for  improvements 
put  upon  his  land  by  a  trespasser,  against  his  will, 
is  void.     (Billings  v.  Hall,  7  Cal.  1.) 

So  an  act  altering  or  destroying  the  nature  or 
tenure  of  estates  is  void.  (Dewey  v.  Lambier,  7  Cal. 
347.) 

The  provision  of  section  1203  of  the  Code  of  Civil 
Procedure  that  a  failure  to  comply  with  the  section 
by  tiling  a  good  and  sufficient  bond  with  the  building 
contract  in  an  amount  equal  to  at  least  twenty-five 
per  cent,  of  the  contract  price  shall  render  "the 
owner  and  contractor  jointly  and  severally  liable  in 
damages  to  any  and  all  materialmen,  and  sub(?on- 
tractors  entitled  to  liens  upon  property  affected  by 
said  contract,"  is  an  unreasonable  restraint  upon 
the  owner  of  the  property  in  the  use  thereof,  and 
is  an  unreasonable  restriction  iipon  the  power  to 
malve  contracts,  and  is,  therefore,  unconstitutional. 
(Gibbs  V.  Tally,  22  Cal.  Dec.  85.) 

An  act  authorizing  the  proljate  court  to  order  a 
sale  of  the  property  of  a  decedent,  when  it  is  for  the 
best  interest  of  the  estate,  is  valid.  (Estate  of  Porter, 
129  Cal.  8G,  61  Pac.  650.) 

But  such  an  act  cannot  affect  estates  of  decedents 
who  died  before  the  passage  of  the  act.  (Brenham 
V.  Story,  39  Cal.  179;  Estate  of  Packer,  125  Cal.  396, 
58  Pac.  59;  Estate  of  Freud,  131  -Cal.  667.) 

An  ordinance  requiring  street-car  transfers  to  be 
issued  and  delivered  within  tlie  street-cars  from 
which  the  transfer  is  made,  and  received  only  within 


Art.    I,    §  1  CONSTITUTION   OF   1879.  4 

the  car  to  which  it  is  made,  and  forbidding  any  person 
to  whom  a  transfer  is  issued  to  give  away,  transfer, 
or  sell  the  same,  is  not  in  violation  of  this  section. 
(Ex  parte  Ix)renzen,  128  Cal.  431.  61  Pac.  G8.) 

An  act  requiring  litigants  to  take  the  oath  of  alle- 
giance is  not  in  violation  of  this  section.  (Cohen 
V.  Wright.  22  Cal.  293.) 

A  statute  exempting  a  municipal  corjioration  from 
liability  for  damages  for  injuries  sustained  by  any 
person  on  its  graded  streets,  but  making  the  officers 
of  the  city  liable  therefor,  is  valid.  (Parsons  v.  San 
Francisco,   23   Cal.   462.) 

Business. — The  legislature  cannot  forbid  the  lawful 
pursuit  of  a  lawful  occupation  on  one  day  of  the 
week  any  more  than  it  can  forbid  it  altogether.  (Ex 
parte  Newman,  !)  Cal.  502.  But  see  Ex  parte  An- 
drews, 18  Cal.  678.) 

But  this  provision  does  not  jirevent  the  legislature 
from  prohibiting  the  conducting  of  otfensive  trades 
within  the  limits  of  a  city.  (Ex  parte  Shrader,  33 
Cal.  279.) 

So  an  ordinance  making  it  unlawful  for  any  pet- 
son  to  conduct  a  laundry  within  certain  limits  with- 
out a  certificate  from  the  health  officer  as  to  its  sani- 
tary condition,  and  a  certificate  from  the  fire  ward- 
ens as  to  the  condition  of  the  heating  appliances,  and 
forbidding  the  operation  of  any  laundry  between  10 
P.  M.  and  6  A.  M..  or  on  Sunday,  is  valid.  (Ex  parte 
Moynier,  6.".  Cal.  .'?.'?.  2  Pac.  728.) 

An  ordinance  making  it  imlawful  to  play  any  in- 
strument, etc.,  in  any  saloon,  etc.,  after  midnight, 
and  for  any  female  1o  be  in  any  saloon,  etc.,  after 
niidniglit,  <locs  not  violate  this  provision.  (Ex  parte 
Siuitli  <t  Keating,  38  Cal.  702.) 

Sunday  laws. — In  Ex  parte  Newman,  9  Cal.  r)02,  it 
was  held  tliat  an  act  mailing  it  uulawfid  to  trans- 
act any  l)usiness  upon  the  Sabbatli,  except  certain 
designated  ones,  was  in  viol.ation  of  this  provision, 
<Mi  tlie  ground  that  the  legislature  can  no  more  for- 
bid the  lawful  pursuit  of  a  lawful  occupation  on  one 
day  of  the  week  than  it  can  forbid  it  altogether. 
Tills  decision  was  overnded  in  Ex  parte  Andrews, 
18  Cal.  678,  and  Ex  parte  Bird,  19  Cal.  130. 


5  CONSTITUTION  OF  1879.     Art.  I,  §§2,3 

An  aft  inakinjr  it  a  misdeiiioanor  to  keep  open  a 
barber-shop  on  Sundays  oj-  otlier  holidays  Is  in  vio- 
lation of  this  section.  (Ex  parte  Jentzsch,  112  Cal. 
44)8,  44  Pac.  803.) 

Sec.  2.  All  political  power  is  inherent  in  the 
people.  Government  is  instituted  for  the  pro- 
tection, security,  and  benefit  of  the  people,  and 
they  have  the  right  to  alter  or  reform  the  same 
whenever  the  public  good  may  require  it. 

THE  PEOPLE.— The  people  are  such  as  are  born 
upon  the  soil,  and  such  foreijiners  as  may  elect  to 
assume  the  obligations  of  citizens  by  naturalization. 
Those  Avho  are  not  of  the  people  have  no  share  in 
political  power;  and,  therefore,  an  alien  is  not  eligi- 
ble to  an  otiice  in  this  state.  (.Walther  v.  Rabolt,  30 
Cal.  185.) 

Sec.  3.  The  state  of  California  is  an  inseparable 
part  of  the  American  Union,  and  the  constitution 
of  the  United  States  is  the  supreme  law  of  the 
land. 

AMERICAN  UNION.— The  United  States  constitu- 
tion is  the  supreme  law  of  the  land.  (U.  S.  Const., 
art.  6,  see.  2;  Prigg  v.  Commonwealth,  16  Pet. 
((28;  New  Jersey  v.  Wilson,  7  Cranch,  164;  Terrett 
A".  Taylor,  !)  Cranch,  43:  \'on  Hoffman  v.  (.Miincy.  4 
Wall. '535;  Taylor  v.  Taintor,  16  Wall.  366;  Ex  parte 
Romaine,  23  Cal.  585.) 

The  object  of  the  United  States  constitution  was 
to  establish  a  government  which,  to  the  extent  of 
its  powers,  should  be  supreme  within  its  spliere  of 
action.  (Dobbins  v.  Commrs.  of  Erie  Co.,  16  Pet. 
435:  Ableman  v.  Booth,  21  How.  520;  Cohens  v.  Vh-- 
ginia,  6  Wheat.  264;  United  States  v.  lUiodes,  1  Abb. 
U.  S.  44;  McCulloch  v.  Maryland.  4  Wheat.  316.) 

The  constitution  of  the  tjnited  States  is  a  part 
of  the  organic  law  of  each  state.  (Taylor  v.  Taintor, 
16  Wall.  .366;  Ex  parte  Komaine,  23  Cal.  585.) 


Art.  I,  §  4  CONSTITUTION  OF  1879.  _  G 

Sec.  4.  Tlie  free  exercise  and  enjoA'mcnt  of 
religions  profession  and  worship,  without  discrim- 
ination or  preference,  shall  be  forever  guaranteed 
in  this  state;  and  no  person  shall  he  rendered  in- 
competent to  be  a  witness  or  juror  on  account  of 
his  opinions  on  matters  of  religious  belief;  but 
the  liberty  of  conscience  hereby  secured  shall  not 
be  so  construed  as  to  excuse  acts  of  licentiousness, 
or  justify  practices  inconsistent  with  the  peace 
or  safety  of  this  state. 

SUNDAY  LAWS.— In  Ex  parte  Newman,  9  Cal. 
502.  it  was  held  that  an  act  makiii!?  it  unlawful  to 
transact  any  business  upon  the  Sabbath,  except  cer- 
tain designated  ones,  Avas  in  violation  of  this  provi- 
sion. In  reaching  this  conclusion,  the  following  prin- 
ciples Avere  laid  down: 

Our  constitutional  theory  regards  all  religions,  as 
such,  as  equally  entitled  to  protection  and  equally 
unentitled  to  preference.  Wherd  there  is  no  ground 
or  necK'ssity  upon  which  a  principle  can  rest  but  a 
religious  one,  then  the  constitution  steps  in  and  says 
that  it  shall  not  be  enforced  by  authority  of  law. 

When  the  citizen  is  compelled  by  the  legislature 
to  do  any  aftirmative  act,  or  to  refrain  from  doing 
anything,  merely  because  it  violates  a  religious  prin- 
ciple or  o1)servance,  tlie  act  is  tu)con.stitutional. 

This  provision  does  not  mean  to  guarantee  merely 
toleration,  but  religious  liberty  in  its  largest  sense, 
and  a  perfect  equality,  without  distinction,  between 
religious  sects.  An  enforced  observance  of  a  day 
held  sacred  l)y  one  of  these  sects  is  a  discrimination 
in  favor  of  that  sect,  and  a  violation  of  the  religious 
freedom  of  the  others. 

This  decision,  however,  has  been  overruled  by  later 
cases:  Ex  parte  Andrews,  IS  Cal.  078;  Ex  parte 
Bird,  10  Cal.  130;  Ex  parte  Burke,  59  Cal.  6. 

WITNESSES— This  section  means  that  a  witness 
Is  coiiipctcut  witho\it  r«\si)ect  to  his  religious  senti- 
ments   or   convictions— the    law    leaving    bis    conipe- 


7  CONSTITUTION  OF  1879.     Art.  I,  §§  5,  G 

toncj  to  lo.ffal  sanctions,  or,  at  least,  to  considera- 
tions iniloi)endeut  of  religious  sentiments  and  convic- 
tions.    (Fuller  V.  Fuller,  17  Cal.  605.) 

Sec.  5.  The  privilege  of  the  writ  of  habeas 
corpus  shall  not  be  suspended  unless  vrhen,  in 
cases  of  rebellion  or  invasion,  the  public  safety 
may  require  its  suspension. 

HABEAS  CORPUS.— Tills  right  is  to  be  exercised 
in  a  reasonable  manner.  The  writ  should  not  issue 
to  run  out  of  the  county,  unless  for  good  cause 
shown — as  the  absence,  disability,  or  refusal  to  act 
of  the  local  judge — or  other  reason  showing  that  the 
object  and  reason  of  the  law  requires  its  issuance. 
Nor  should  it  issue  from  the  supre;me  court  in  any 
ease,  except  under  the  same  circumstances.  (Ex 
parte  Ellis.  11  Cal.  222.) 

As  to  what  courts  may  issue  writs  of  habeis  cor- 
pus, see  article  6,  sections  4,  5;  People  v.  Turner, 
1  Cal.  14.3;  Ex  parte  Perkins,  2  Cal.  424;  People  v. 
ISooker,  &!  Cal.  317;  Tyler  v.  Houghton,  25  Cal.  26. 

Sec.  6.  All  persons  shall  be  bailable  by  suffi- 
cient sureties,  unless  for  capital  offenses  when  the 
proof  is  evident  or  the  presumption  great.  Ex- 
cessive bail  shall  not  be  required,  nor  excessive 
fines  imposed;  nor  shall  cruel  or  unusual  punish- 
ments be  inflicted.  Witnesses  shall  not  be  unrea- 
sonably detained,  nor  confined  in  any  room  where 
criminals   are   actually   imprisoned. 

BAIL.— Admission  to  ball  in  capital  cases,  where 
the  proof  is  evident  or  the  presumption  great,  may 
be  made,  under  our  constitution,  matter  of  discre- 
tion, and  may  be  forbidden  by  the  legislature.  In 
all  other  cases  the  admission  to  bail  is  a  right  of  the 
accused,  which  no  .Indge  or  court  can  properly  re- 
fuse.    (People  V.  Tinder,  19  Cal.  539.) 


Art.    I,    §  7  COXSTITUTION  OF  1879.  G 

An  act  making  admission  to  bail  matter  of  discre- 
tion in  all  eases  where  the  punishment  is  death,  un- 
less the  in-oof  is  evident  or  the  presumption  sreat. 
is  in  conflict  with  this  section.  (People  v.  Tinder,  19 
Cal.  530.) 

This  section  does  not  prevent  the  court  from  order- 
ing the  defendant  into  custody  as  soon  as  the  trial 
is  commenced.     (People  v.  Williams.  r>;)  Cal.  (>74.) 

This  provision  applies  only  to  cases  in  which  the 
party  has  not  been  already  convicted.  (Ex  parte 
Voll,  41  Cal.  29.) 

A  person  arrested  for  felony  must,  in  order  to  pro- 
cure bail,  be  taken  before  the  magistrate  who  issneil 
the  warrant,  or  some  other  magistrate  in  the  same 
county.     (Ex   parte  Hung  Sin,   54  Cal.   102.) 

WITNESSES.— A  person  detained  as  a  witness 
ninety  days,  and  after  several  continuances  not  sat- 
isfactorily accounted  for,  is  entitled  to  his  discharge 
under  this  section.  (Ex  parte  Dressier,  07  Cal.  257, 
7  Pac.  045.) 

PUNISHMENT.— "Cruel  and  mmsiial  ]iunishnion:s"' 
are  punishments  of  a  barl^arous  cliaracter  and  un- 
known to  the  common  law.  (State  v.  McCauloy,  15 
Cal.  429.) 

A  statute  authorizing  the  leasing  out  of  convicts 
is  not  in  violation  of  this  provision.  (State  v.  Mc- 
Cauloy,  15   Cal.    429.) 

A  law  making  an  offense  punishal)le  ''by  imprison- 
ment in  the  state  prison  not  e.xcceding  live  yfais. 
or  in  tlie  count v  .iail  not  exceeding  six  months,  or 
both,"  is  valid.'  (People  v.  Perini,  94  Cal.  573.  20 
Pac.   1027.) 

Sec.  7.  Tlic  right  of  trial  by  jvivv  sliall  bo  so- 
cured  to  all,  and  remain  inviolate;  but  in  civil 
actions  three-fourths  of  the  jury  may  render  a  ver- 
dict. A  trial  by  jury  may  be  waived  in  all  crim- 
inal cases,  not  amounting  to  felony,  by  the  con- 
pent  of  both  parties,  expressed  in  open  court,  and 
in  civil  actions  by  the  consent  of  the  ])arties,  signi- 


9  coxstitutiojN  of  1879.  Art.  I,  g  7 

fied  in  such  manner  as  may  l)c  prescribed  by  law. 
In  civil  actions,  and  cases  of  misdemeanor,  the 
jury  may  consist  of  twelve,  or  of  any  number 
less  than  twelve  upon  which  the  parties  may  agree 
in  open  court. 

TRIAL  BY  JURY.— This  section  only  g-ives  a  ripht 
to  a  trial  l)y  jury  in  cases  where  tlie  ritrht  existed 
at  conunon  law.  (C'assidy  v.  Sullivan,  04  Cal.  266, 
28  Pae.  234;  Koppikus  v.  State  Capitol  Commrs.,  16 
Cal.  24S:  Woods  v.  Viirnum,  S.^  Cal.  639,  24  Tac.  843.) 

It  cannot  be  demanded  as  of  rijiht  in  an  equity 
case,  but  only  in  criminal  and  civil  cases  in  whir-li 
an  issue  of  fact  is  joined.  (Koppikus  v.  State  Capi- 
tol Conunrs..  16  Cal.  248.) 

The  ri£?lit  does  not  exist  in  actions  for  divorce 
(CassidyV.  Sullivan,  64  Cal.  266,  28  Pac.  234);  con- 
denuiation  proceed inc,s  (Koppikus  v.  State  Capitol 
(jonunrs.,  16  Cal.  248);  proceedinijs  for  the  removal 
of  public  officers  (Woods  v.  Varnum,  85  Cal.  039,  24 
Pac.  843);  or  in  cases  of  equity  jurisdiction.  (Pacific 
Ry.  Co.  V.  Wade.  91  Cal.  449.  27  Pac.  708.) 

As  to  the  ri^ht  to  a  jury  trial  in  an  action  to 
quiet  title,  w^here  the  defendant  is  in  possession,  see 
Hyde  V.  Redding,  74  Cal.  493,  16  Pac.  380;  Angus 
v.  Craven,  132  Cal.  091,  64  Pae.  1091.  and  cases  there 
cited. 

An  act  providing  for  the  removal  of  officers  for 
extortion,  and  providing  generally  that  the  practice 
governing  otlier  civil  actions  shall  apply  thereto,  does 
not  deprive  the  defendant  of  a  jury  trial.  (Rvan  v. 
Johnson,  r>  Cal.   86.) 

Petty  offenses.— This  provision  does  not  prohibit  the 
legislature  from  providing  for  summary  proceedinas 
without  a  jury  in  cases  of  such  petty  offen.ses  as 
were  enumerated  in  the  English  statutes  at  the  time 
of  the  separation  of  the  American  colonies  from  Eng- 
land, or  in  cases  where  the  offenses  are  intrinsically 
of  the  same  nature  and  degree.  (Ex  parte  Wonir 
You  Ting,  100  Cal.  29().  39  Pac.  027:  In  re  Fife,  110 
Cal.  8,  42  Pac.  299.) 

But   where   the   offense    falls    witliin    tlie    legal   or 


Art.  I,  §  8  CONSTITUTION  OF  1879,  10 

common-law  notion  of  crime  or  misdemeanor,  and 
is  embraced  in  the  criminal  code  of  the  state,  the 
constitutional  right  of  trial  by  jury  cannot  be 
evaded.  (Tnylor  v.  Reynolds,  92  Cal.  573,  28  Pac. 
688;  Ex  parte  Wonji-  You  Ting,  lOG  Cal.  21)0,  39  Pac. 
627.) 

Vicinage.— By  the  common  law,  the  trial  of  all 
crimes  is  required  to  be  by  a  jury  selected  from  the 
vicinage  or  county  where  the  crime  is  alleged  to  have 
bei!n  committed;  and  the  same  right  is  secured  by  this 
section.  Therefore,  section  1033  of  the  Penal  Code, 
allowing  a  criminal  action  to  be  removed  to  another 
county  v/ithout  the  consent  of  the  defendant,  is  uncon- 
stitutional.   (People  V.  Powell,  87  Cal.  348,  25  Pac.  481.) 

Jurors. — A  law  taking  aAvay  the  challenge  to  a 
juror  for  implied  bias,  on  the  ground  that  the  juror 
has  formed  or  expressed  an  unqualified  opinion  as 
to  the  guilt  of  the  accused,  is  constitutional.  (People 
V.   Ah   Lee  Doon,  97   Cal.   171,  31   Pac.   933.) 

The  court  may,  in  its  discretion,  permit  a  separa- 
tion of  the  jurors  during  the  impaneling  of  the  jury 
and  the  subsequent  progress  of  the  trial.  (People 
V.  Chaves,  122  Cal.  134,  54  Vac.  596.) 

Waiver  of  jury  trial.— Tlie  legislature  alone,  and 
not  the  court,  can  determine  Avliat  shall  constitute 
a  waiver  of  a  jury  trial.    (Exline  v.  Smith,  5  Cal.  112.) 

The  right  to  a  jury  trial  is  not  waived  by  going 
to  trial  after  it  has  been  denied,  and  the  denial  of 
it  may  be  reviewed  upon  an  ai)peal  from  the  judg- 
ment.    (In  re  llohinson,  100  Cal.  493.  39  Pac.  802.) 

A  plea  of  guilty  is  a  Avaiver  of  a  jury  trial.  (People 
V.  Lennox,  07  Cal.  113,  7  Pac.  200.)  Also  a  failure  to 
demand  it  in  a  civil  case  before  the  trial  licgln*. 
(Polack  V.  Curneo,  00  Cal.  20(5,  5  Pac.  229,  010.) 

Refusal  of,  how  reviewed.— The  denial  of  a  jury 
trial  may  be  reviewed  upon  an  ai)peal  from  the  judg- 
ment (In  re  Robinson,  im  Cal.  49;{,  39  Pac.  802),  but 
cannot  be  reached  by  a  writ  of  hal)eas  corpus.  (Ex 
parte  Miller,  82  Cal.  454,  2*2  Pac.  111:5.) 

Sec.  8.  OfFcnsos  liercloforc  required  1o  l)e  prose- 
ctited  by   indictment  shall  be  prosecuted  by  in- 


11  CONSTITUTION  OF  1879.  Art.    I,    §  9 

formation^  after  examination  and  commitment  by 
a  magistrate,  or  by  indictment,  with  or  without 
such  examination  and  commitment,  as  may  be 
prescribed  by  law.  A  grand  jury  shall  be  drawn 
and  summoned  at  least  once  a  year  in  each  county. 

INTHCTMENT  AND  INFORMATION.— A  crime 
committed  before  the  adoption  of  the  new  consti- 
tution may,  after  sucli  adopiion,  be  prosecuted  by 
information.     (People  v.  Campbell,  59  Cal.  243.) 

A.s  to  the  distinction  between  an  indictment  and 
a  presentment,  see  In  re  Grosbois,  109  Cal.  445,  42 
Pac.  444. 

lender  this  provision  a  presentment  by  the  grand 
.iury  for  a  misdemeanor  is  unauthorized.  (In  re  Gros- 
bois. 109  Cal.  445,  42  Pac.  444.) 

This  section  does  not  prohibit  a  prosecution  by  in- 
dictment of  any  criminal  offense.  Including  a  mis- 
demeanor.     (Ex  parte  McCarthy,  53  Cal.  412.) 

A  defendant  cannot  be  put  upon  trial  under  an 
information  until  after  examination  and  commit- 
ment bv  a  magistrate.  (Ex  parte  Nicholas,  91  Cal. 
640,   28  Pac.   47.) 

The  constitution  has  left  the  form  of  the  indict- 
ment to  the  legislature.     (People  v.  Kelly,  6  Cal.  210.) 

The  provision  of  this  section  for  proceeding  in 
criminal  cases  by  information  is  not  in  conflict  with 
the  constitution  of  the  United  States,  as  not  being 
"due  process  of  law."  (Kalloch  v.  Superior  Court, 
56  Cal.  229.) 

Sec.  9.  Every  citizen  may  freely  speak,  write, 
and  publish  his  sentiments  on  all  subjects,  being 
responsible  for  the  abuse  of  that  right;  and  no 
law  shall  be  passed  to  restrain  or  abridge  the  lib- 
erty of  speech  or  of  the  press.  In  all  criminal 
prosecutions  for  libels,  the  truth  may  be  given 
in  evidence  to  the  jury ;  and  if  it  shall  appear 
to  the  jury  that  the  matter  charged  as  libelous 


Art.  I,  §  10         CONSTITUTION  OF  1879.  12 

is  true,  and  was  published  with  good  motives  and 
for  justifiable  ends,  the  party  shall  be  acquitted; 
and  the  jury  shall  have  the  right  to  determine 
the  law  and  the  fact.  Indictments  found,  or 
information  laid,  for  publication  in  newspapers 
shall  be  tried  in  the  county  where  such  newspapers 
have  their  publication  office,  or  in  the  county 
where  the  party  alleged  to  be  libeled  resided  at 
the  time  of  the  alleged  publication,  unless  the 
place  of  trial  shall  be  changed  for  good  cause. 

LIBERTY  OF  THE  PRESS.— This  provision  docs 
not  make  all  piililications  in  a  newspaper  privilesred. 
((Jilman  v.  McClatchy,  111  Cal.  GOO,  44  Pac.  241.) 

The  liberty  of  the  press  is  not  more  under  the 
protection  of  the  constitution  than  the  liberty  of 
speech,  and  the  publishers  of  a  newspajier  can  de- 
fend an  action  for  libel  only  upon  precisely  the  same 
grounds  upon  which  any  other  individual  could  de- 
fend an  action  for  slander.  (Edwards  v.  Publishing 
8oc.,  91)  Cal.  431,  34  Pac.  128.) 

A  court  has  power  to  punish  as  a  contempt  a  p\ib- 
lication  charging  a  judge  Avitli  •'dclilterale  lying 
about  the  law."  etc.,  in  a  case  before  him.  (Ex 
parte  T5arry,   Sr.  Cal.   G03,   25   Pac.   25().) 

Under  this  section  a  court  has  no  power  to  forbid 
the  representation  ujion  the  theatrical  stage  of  the 
facts  of  a  criminal  case,  i)ending  the  trial  of  such 
case.  (Da ill' V  v.  Superior  Court,  112  Cal.  94,  44  Pac. 
458.) 

The  last  sentence  of  this  section  api)lies  to  the  case 
of  a  person  who  causes  a  lil)el  to  he  publisheil  in  a 
newspaper,  as  Avell  as  to  a  publication  by  the  pub- 
lishers and  proprietors  alone.  (In  re  Kowalsky,  73 
Cal.  120,  14  I'ac.   300.) 

Sec.  10.  The  people  sball  have  the  right  to 
freely  assemble  together  to  consult  for  the  com- 


13  CONSTITUTION  OF  1ST9.  Alt.    I,    §  11 

men  good,  to  instruct  their  representatives,  and 
to  petition  the  legislature  for  redress  of  grievances. 

RIGHT  TO  FBEELY  ASSEMBLE.— Tliis  section 
does  not  prevent  the  lesishiture  from  forbidding  un- 
lawfid  asseinblies.  As  to  wliat  are  sucli  .assemblies, 
see  People  v.  Most,  128  N.  Y.  108,  27  N.  E.  970;  Rex  v. 
Birt,  5  Car.  &  P.  154;  Regina  v.  Neale.  9  Car.  &  P. 
431;  Beatty  v.  Gillbanks,  9  Q.  B.  Div.  308. 

Sec.  11.  All  laws  of  a  general  nature  shall 
have  a  unifonn  operation. 

UNIFORMITY  OF  LAWS.— This  provision  does 
not  affeet  laws  in  force  at  the  adoption  of  the 
constitution;  and,  therefore,  while  section  204  of  the 
Code  of  Civil  Procedure,  relating  to  the  impaneling 
of  grand  jurors,  might  have  been  void  under  this 
provision,  a  mere  amendment  to  that  section,  malt- 
ing it  applicable  to  the  present  judicial  system,  dots 
not  make  it  unconstitutional.  (People  v.  Durrant, 
116  Cal.  179,  48  Pac.  75.) 

General  principles.— The  word  "luiiform"  does  not 
moan  "universal."  (People  v.  Twelftli  District  Court, 
17  Cal.  547;  Hellman  v.  Shoulters,  114  Cal.  13G,  44 
Pac.  915,  45  Pac.  1057.) 

All  that  is  necessary  to  constitute  uniformity  is 
that  the  law  shall  operate  uniformly  upon  all  per- 
sons in  the  same  category,  and  upon  rights  and 
things  in  the  same  relation.  (People  v.  Henshaw,  7G 
Cal.  43G,  18  Pac.  413;  People  v.  Twelfth  District 
Court,  17  Cal.  547;  Ex  parte  Halsted.  89  Cal.  471, 
26  Pac.  961;  Wigmore  v.  Buell,  122  Cal.  144,  54  Pac. 
'jOO.) 

A  statute  is  uniform  in  its  operation  if  it  applies 
alike  to  all  persons  or  objects  within  a  class  founded 
upon  some  natural,  intrinsic,  or  constitutional  dis- 
tinction. (Vail  V.  San  Diego  Co.,  126  Cal.  35,  58 
Pac.  392;  Solano  Co.  v.  McCudden.  120  Cal.  648.  53 
Pac.  213;  Codv  v.  Murphey,  89  Cal.  522.  26  Pac. 
1081;  Kfthn  v.  Sutro,  114  Cal.  316,  46  P'»'^.  87:  Murphy 
v.  Pacific  Bank,  119  Cal.  334.  51  Pac.  31 7. i 

The  meaning  of  this  provision  is  that  the  leghsla 
Constitution— 2 


Art.  I,  §  11         C'OXSTiTUTiON  OF  1879.  14 

•ture  shall  not  grant  to  any  citizen  or  class  of  citi- 
zens privileges  or  immunities  wliich  upon  the  same 
teriD  shall  not  equally  belons;  to  all  citizens.  (Ex 
parte  Smith  &  Keatiuii,  38  Cal.  702;  Miller  v.  Kister, 
68  Cal.  142,  8  Pac.  813;  People  v.  Henshaw,  7G  Cal. 
436,  18  Pac.  413;  Brooks  v.  Hyde.  37  Cal.  366.) 

Special  laws.— It  is  only  laws  of  a  general  nature 
that  are  required  to  have  a  uniform  operation,  and 
this  section  does  not  forbid  special  laws.  (People 
V.  Central  Pac.  R.  R.  Co.,  43  Cal.  ;'.0S;  Brooks  v. 
Hyde,  37  Cal.  30G;  Addison  v.  Saulnier,  10  Cal.  82; 
People  V.  Twelfth  District  Court,  17  Cal.  547.) 

Particular  acts  held  not  to  be  uniform. — In  con- 
formity with  these  principles,  the  following  statutes 
have  been  held  void  as  not  uniform  in  their  opera- 
aon: 

A  provision  of  the  County  Government  Act  that,  in 
counties  of  a  certain  designated  population,  county 
licenses,  collected  in  cities  shall  be  paid  into  the 
treasui-ies  of  such  cities  for  street  improvements 
(San  Luis  Obispo  Co.  v.  Graves,  84  Cal.  71,  23  Pac. 
1032);  an  act  authorizing  a  named  street  railway 
company  to  operate  a  street  railway  on  designated 
streets  (Omnibus  11.  R.  Co.  v.  Baldwin,  57  Cal.  KiO); 
a  provision  of  the  Insolvency  Act,  giving  a  right 
of  appeal  in  cases  of  contempt— a  right  not  given 
in  other  cases  of  contempt  (Ex  parte  Claiu-y,  90  Cal. 
553,  27  Pac.  411);  a  law  requiring  cities  of  two  desig- 
nated classes  to  make  an  elfort  to  agree  with  the 
owners  of  land  sought  to  be  condemned,  before  in- 
slituting  condemnation  proceedings  (I'asadena  v. 
Stimson,  01  Cal.  238,  27  Pac.  604);  a  provision  of 
the  County  (jovernmont  Act  of  188.3,  tliat  the  boards 
of  supervisors  of  counties  of  certain  designaled 
classes  m;iy  allow  county  odicers  a  dei)uty  wlu'ncver 
in  the  opinion  of  sudi  bdard  Ihe  salaries  of  such  of- 
ficers are  insufhcicnt  (Hougherly  v.  Austin,  01  Cal. 
601,  28  Pac.  8:!4,  2!)  I'ac.  1092);  the  provision  of 
the  Australian  ballot  law  for  the  voting  of  straight 
tickets  by  stami)ing  the  ticket  o])i)osite  the  name  of 
the  political  partv  to  be  printed  at  the  head  of  the 
ticket  (Eaton  v.  "Prown,  96  Cal.  371,  31  Par.  250); 
an  act  providing  that  in  cities  having  boards  of  edu- 
cation,  the  city   treasureis   are   to   have  the  custody 


15  CONSTITUTION  OF  387'.'.  Art.    I,    §  11 

of  the  state  and  county  school  money  appropriated 
to  the  city  (Bruch  v.  Colombet,  104  Cal.  347,  38  Pac. 
45);  a  provision  in  the  County  Government  Act  that, 
in  counties  of  one  particuhir  chiss  only,  witnesses 
in  criminal  cases  shall  be  paid  the  same  fees  as 
jurors,  in  the  discretion  of  the  judge  (Turner  v.  Sis- 
kiyou Co.,  100  Cal.  332,  42  Pac.  434);  a  provision 
of  the  County  Government  Act  that,  in  all  counties 
of  one  particular  class,  certain  additional  fees  shall 
be  collected  for  filing  the  inventory  in  estates  of 
deceased  persons  (Bloss  v.  Lewis,  109  Cal.  493.  41 
Pac.  lOSl);  the  Primary  Election  Law  of  1S95,  be- 
ing confined  in  its  operation  to  counties  of  the  first 
and  second  class  (Marsh  v.  Supervisors,  111  Cal.  368, 
43  Pac.  975);  a  law  giving  the  district  attorney  super- 
visory control  over  fees  of  justices  of  the  peace 
and  constables  in  criminal  cases  (Dwver  v.  Parker, 
115  Cal.  544,  47  Pac.  372);  an  act  fixing  different 
rates  of  liability  upon  stockholders  in  different  cor- 
porations (French  v.  Tescheinali;er,  24  Cal.  518);  the 
provision  of  the  County  Government  Act  that  no 
supplies,  etc.,  shall  be  purchased  for  the  county 
from  any  person  who  has  not  had  a  business  in 
the  county  for  a  year  prior  to  the  purchase  (Van 
Harlingen  v.  Doyle,  22  Cal.  Dec.  35G). 

Particular  acts  held  valid. — On  the  other  hand, 
the  following  acts  have  been  held  not  to  be  obnox- 
ious to  the  provision  of  this  section,  and  valid: 

An  act  whose  object  it  is  to  legalize  the  assess- 
ment of  taxes  in  San  Francisco,  since  it  is  not  a 
general,  but  a  special,  law  (San  Francisco  v.  Spring 
Valley  W.  AV.,  54  Cal.  571);  an  act  establishing  dii'- 
ferent  fee  bills  for  separate  counties,  not  being  of 
a  general  nature  (Ryan  v.  Johnson,  5  Cal.  80);  an 
act  to  i-emedy  the  failure  of  the  tax  collector  to 
publish  the  names  of  the  owners,  etc.,  it  being  not  a 
general,  but  a  special,  law  (Moore  v.  Patch,  12  Cal. 
2(55);  the  provision  of  the  County  Government  Act 
of  1893,  empowering  certain  of  the  county  officers 
in  counties  of  one  class  to  appoint  a  certain  num- 
ber of  deputies,  whose  salaries  are  fixed  by  the  act 
and  made  payable  out  of  the  county  treasury,  al- 
though in  other  counties  the  principal  must  pay  the 
salaries  of  his  deputies  (Tulare  Co.  v.  May.  118  Cal. 


Art.  I,  §  11         coxsTiTUTio.x  OF  1879.  1© 

303,  50  Pac.  427,  overruliuff  ^^'elsh  v.  Bramlet,  OS 
Cal.  219.  33  Pac.  6G,  and  Walser  v.  Austin.  104  Cal. 
128.  37  Pac.  860);  aii  act  subjecting  trespassing  ani- 
mals to  attachment  witliout  the  affidavit  required 
in  other  cases  of  attachment  (Wigmore  v.  Buell,  122 
Cal.  144,  54  Pac.  600);  a  law  providing  ihat  assessors 
in  counties  of  one  particular  class  shall  pay  all  per- 
centage for  the  collection  of  poll  taxes  in^to  the 
county  treasury  (Summerland  v.  BicknelJ.  Ill  Cal.. 
567,  44  Pac.  232);  an  act  providing  tor  police  courts 
in  all  cities  of  a  designated  population,  and  provid- 
ing that  it  shall  go  into  effect  upon  the  expimrion 
of  the  term  of  office  of  the  present  police  judges  of 
such  cities  (People  v.  Henshaw.  76  Cal.  436,  18  Pac. 
413);  an  act  providing  for  the  commitment  of  minor 
criminals  to  ]ionsectarian  cliaritable  corporations  at 
the  expense  of  the  county  (Boys'  and  Girls'  Aid  So- 
ciety V.  lieis,  71  Cal.  627.  12  Pac.  796);  an  ordinance 
prohibiting  pul)lic  laundries  in  designated  parts  of 
a  city  (In  re  Hang  Kie,  69  Cal.  149.  10  Pac.  327); 
an  ordinance  making  it  imlawful  for  any  person  to 
conduct  a  laundry  -within  certain  limits  without  a 
certificate  from  tlie  lire  wardens  as  to  the  condition 
of  the  heati)ig  aiu)li;inces,  and  forbidding  the  opera- 
tion of  any  laundry  lielween  10  P.  M.  and  6  A.  M.,  or 
on  Sunday  (Ex  parte  Moynier,  65  Cal.  33.  2  Pac.  728); 
an  act  making  it  unlawful  to  keep  open  any  place 
of  business  on  Sunday,  except  barber-sliops.  l):ith- 
houses  and  hairdrensing  saktons  (Kx  ))arte  Burke, 
59  Cal.  6);  tlie  Kevenue  Act  of  1853,  since  the  leg- 
islature may  discriminate  in  the  imno.s-ition  of  taxes 
on  certain  classes  of  persons,  ()ccui)atioMs  or  species 
of  property,  taxing  some  and  extMupting  others 
(People  V.  CVjlenian,  4  ('.al.  4(]);  an  act  jjrohibiiing 
all  persons,  exceiit  innkeepers  and  tlie  like,  from 
keeping  open  tlK^r  pl.ices  of  business  on  Sundays 
for  the  lr:ins:action  of  business  iKx  i>arte  Andiews, 
18  Cal.  ()7S);  a  statute  estaldisliing  a  limitation  upon 
actions  for  tiie  recovery  of  lands  in  San  Krancisco 
under  the  Van  Ness  Ordinance  (Brooks  v.  lly<U». 
.'57  (3al.  3.66);  an  ordinaiu-e  making  it  unlawful  to 
|,lay  upon  any  musical  instrument  in  .any  saloon, 
etc..  after  Jiiidiiiglit.  and  for  any  female  to  be  in 
any   saloon,   etc..   attci-   niidiiiglit  (Ex   parte   Smith   «& 


17  CONSTITUTION  OF  1S71).     Art.  1,  S§  12,  13 

KeatinjT,  38  Cal.  702);  an  act  giving  to  laborers  work- 
ina:  upon  mines  only  a  lieu  for  their  wafrcR  (Quale 
V.  Moon.  4  (  al.  478);  a  state  revenue  law  ni:ikin;r  dif- 
ferent provisions  in  the  different  counties  witli  regard 
to  the  enforcement  of  the  payment  of  delinquent 
taxes  (People  v.  Central  Pac.  R.'  R.  Co.,  43  Cal.  398). 

Sec.  12.  The  military  shall  be  subordinate  to 
the  civil  power.  No  standing  army  shall  be  kept 
up  by  this  state  in  time  of  peace,  and  no  soldier 
shall,  in  time  of  peace,  be  quartered  in  any  house 
without  the  consent  of  the  owner;  nor  in  time  of 
war,  except  in  the  manner  prescribed  by  law. 

Sec.  13.  In  criminal  prosecutions,  in  any  court 
whatever,  the  party  accused  shall  have  the  right 
to  a  speedy  and  public  trial;  to  have  the  process 
of  the  court  to  compel  the  attendance  of  wit- 
nesses in  his  behalf,  and  to  appear  and  defend,  in 
person  .and  with  counsel.  No  person  shall  be 
twice  put  in  jeopardy  for  the  same  offense ;  nor  be 
compelled,  in  any  criminal  case,  to  be  a  witness 
against  himself;  nor  be  deprived  of  life,  liberty, 
or  property  without  due  process  of  law.  The  legis- 
lature shall  have  power  to  provide  for  the  taking, 
in  the  presence  of  the  party  accused  and  his* 
counsel,  of  depositions  of  witnesses  in  criminal 
cases,  other  than  cases  of  homicide,  when  there  is 
reason  to  believe  that  the  witness,  from  inability 
or  other  cause,  Avill  not  attend  at  the  trial. 

SPEEDY  TRIAL.— Section  1382  of  the  Penal  Code 
i.^  mandatory,  and  the  court  lias  no  discretfon  to 
deny   the  defendant  a   spetdy  trial   as  pruvided   by 


Art.  1,  §  13         coxsTiTiTTiox  of  1S79.  18 

that  section.     (People  v.  Moriuo,  85  C'al.  515,  24  Pac. 
892.) 

PUBLIC  TRIAL.— The  M'ord  "public"  is  used  In 
this   sectiou    iu     opposition     to    the    word     "secret."- 
(People  V.  Swafford,  (i5  Cal.  223,  3  Pac.  800.) 

The  trial  should  be  public  in  the  ordinaiy,  com- 
Dion-sense  acceptation  of  the  term,  the  doors  should 
be  open,  the  public  admitted  with  due  retrard  to  the 
size  of  the  courtroom,  the  conveniences  of  the  court, 
the  right  to  exclude  objectionable  characters  and 
youihs  of  tender  years,  and  to  do  other  things  which 
may  facilitate  the  proper  conduct  of  tlie  trial.  (Peo- 
*ple  V.   llartman,   103   Cal.   242.   37   Pac.   153.) 

An  order  excluding  from  the  courtroom  all  per- 
sons except  the  officers  of  the  court  and  the  defend- 
ant is  in  violation  of  this  provision  and  is  presumed 
to  be  m-e1udicial.  (People  v.  llartman,  103  Cal.  242, 
37  Pao.  153.  But  see  People  v.  Swafford,  G5  Cal. 
223.  3  Pac.  809.) 

Where  a  defendant  during  a  trial  becomes  excited 
and  indulges  in  profane  and  abusive  language,  thus 
creating  commotion  among  the  spectators  and  In- 
terrupting the  trial,  an  order  excluding  from  the 
courtroom  everyone  except  the  oflicers  of  the  court, 
reporters  of  the  press,  friends  of  the  defendant,  and 
persons  necessary  for  him  to  have  on  his  trial,  is 
proper.  (People  v.  Kerrigan,  73  Cal.  222,  14  Pac. 
849.) 

The  defendant  may  waive  the  right  to  a  public 
trial.     (Pwple  v.  Tarbox,  115  Cal.  57,  40  Pac.  89(5.) 

The  defendant  may  waive  his  riglit  to  be  con- 
fronted with  the  Avitnesses.  (People  v.  Bird,  132  Cal. 
2(51.1 

WITNESSES.— The  legislature  has  jiower  to  limit 
the  compulsory  attendance  of  prisoners  confined  in 
the  state  prison  to  cases  of  necessity,  the  existence 
<»f  which  is  lo  be  dcicrmiued  by  the  court.  (Willard 
v.  Superior  Conrl.  S2   (*al.    I.".(;,"22  Pac.   1120.) 

RIGHT  TO  APPEAR  AND  DEFEND. This  provi- 
sion only  gives  tlie  (lerciidant  tlic  i-iglit  lo  appear 
and  defend  in  jn-rson  and  witli  counsel,  .and  does 
not  give  him  (lie  riglit  to  ;ipi>ear  I)y  counsel  wlie«i 
he  is  himself  absent.     Therefore,  when  a   defendant 


19  CONSTITUTION  OF  1ST9.         Art.   I,    §  13 

in  a  criminal  case  escapes  after  conviction,  and  pend- 
ing an  appeal,  tlie  a;)peal  will  not  be  heard  in  his 
absence,  bnt  will  be  dismissed,  (reople  v.  Rediuger, 
55    Cal.    200.) 

To  require  a  prisoner  during  the  progress  of  his 
trial  to  appear  and  remain  with  cliains  upon  his  liml>s, 
without  evident  necessity  as  a  means  of  securing 
his  presence  for  judgment,  is  in  violation  of  this  sec- 
tion.    (People  V.  Harrington,  42  Cal.  1G5.) 

A  view  of  the  premises  without  the  presence  of 
the  defendant  is  in  violation  of  this  section.  (People 
V.   Bush,  G8  Cal.  023,  10  Pac.  1G9.) 

JEOPASDY. — When  a  person  is  placed  on  trial 
upon  a  valid  indictment,  before  a  competent  court 
and  .iury,  he  is  in  jeopardy.  (I'eople  v.  Cage,  48  Cal. 
323;  Ex  narte  Hartmar,  44  Cal.  32;  People  v.  Webb, 
38  Cal.  4(i7;  Ex  parte  Fenton,  77  Cal.  183,  19  Pac. 
207:  People  v.  Smalling,  94  Cal.  112,  29  Pac.  421.) 

After  he  has  thus  been  put  in  jeopardy,  he  cannot 
be  again  tried  for  the.  same  offense  unless  the  jury 
is  discharged  from  rendering  a  verdict  by  a  legal 
necessity,  or  by  his  consent;  or,  in  case  a  verdict  is 
rendered,  it  be  set  aside  at  his  instance.  (People  v. 
Webb.  38  Cal.  407;  People  v.  Smalling,  94  Cal.  112,  29 
Pac.  421.) 

This  is  true  although  the  judgment  is  arrested  by 
the  court  (Ex  parte  Hartman,  44  Cal.  32);  or  an 
acquittal  is  obtained  by  reason  of  an  erroneous  in- 
struction (People  V.  Webb,  38  Cal.  407;  People  v. 
Roberts,  lU  Cal.  07,  45  Pac.  lOKJ;  People  v.  Horn, 
70  Cal.  17,  11  Pac.  470);  or  the  action  is  dismissed  by 
llie  court  on  the  ground  that  he  is,  in  tlie  opinion 
of  the  court,  guilty  of  a  more  serious  offense  (People 
V.  Ny  Sam  Cliung,  94  Cal.  304,  29  Pac.  042). 

When  a  defendant  is  acquitted  because  of  a  vari- 
ance between  the  proof  and  the  indictment,  and  the 
variance  is  such  that  a  conviction  is  legally  impos- 
sible, he  has  not  been  in  jeopardy.  (People  v.  Mc- 
Nealy,  17  Cal.  332;  People  v.  Oreileus,  79  Cal.  178, 
21  Pac.  724.) 

A  judgment  rendered  upon  a  plea  of  which  the 
coiu't  has  no  jurisdiction  does  not  place  the  defend- 
ant in   jeopardy  so   far   as   that  plea  is  concerned. 


Art.   I,  §  13         CONSTITUTION  OF  1S79.  20 

(I'eople  V.  Woods,  84  Cal.  441.  23  rae.  1119;  Teople 
V.  Tiainboi-2-,  84  Cal.  4G8.  24  Pac.  298.) 

Subdivision  0  of  section  1238  of  tlio  Penal  Code, 
allowinj?  the  people  to  appeal  from  an  order  of  the 
court  directinf?  the  jury  to  tind  for  the  defendant,  is 
void,  since  the  defendant  has  l)een  in  jeopardy. 
(People  V.  Horn,  70  Cal.  17,  11  Pac.  470.) 

The  fact  that  the  dt^feudant  has  been  held  to  an- 
swer by  a  justice  of  the  peace  and  discharged  does 
not  prevent  him  from  again  being  held  to  answer. 
(Ex  parte  Cahill.  52  Cal.  403.) 

If  a  demurrer  is  sustainpd  to  an  information,  with- 
out leave  to  amend,  it  is  a  bar  to  another  prosecu- 
tion.    (People  V.  Jordan,   03  Cal.  219.) 

Where  an  information  is  dismissed  because  it 
charges  the  commission  of  an  offense  subsequent  to 
the  date  of  its  filing,  a  plea  of  once  in  jeopardy  will 
not  prevail.  (People  v.  Larson,  GS  Gal.  18,  8  Pac. 
517.) 

A  discharge  upon  preliminary  examination  do(  s 
not  place  tlio  defendant  in  jeopardy.  (Ex  parte  Fen- 
ton.   77   Cal.   183,    19   Pac.   207.) 

Discliarg-e  of  jury. — If  the  jury  is  discharged  with- 
out tlie  consent  of  the  defendant,  except  in  case  of 
unavoidable  accident  or  necessity,  the  def(>ndaTit  can- 
not be  again  prosecuted.  U'euple  v.  Cage,  48  Cal. 
32.^.) 

Inability  of  the  jury  to  agree  after  a  reasonable 
time  for  <leliberation  is  an  unavoidable  necessity. 
(People  V.  Cage,  48  Cal.  323;  People  v.  Small  ng,  94 
Cal.  112,  29  Pac.  421;  People  v.  James,  97  Cal.  400, 
32  Pac.  317.) 

The  fact  of  such  necessity  cannot  bo  impoMched 
by  extrinsic  evidence,  and  such  disi-harge  may  lie 
made  in  the  absence  of  the  def(M)dant.  if  his  presenci' 
is  waived  by  his  counsel.  (People  v.  Smalling.  '.»4 
Cal.   112.  29  Pac.  421.) 

Even  if  tlie  court  inslructed  the  jury  to  acquit. 
a  plea  of  once  in  jeopardy  will  not  prevail  if  the 
jury  is  discluugcfl  for  failure  to  agree.  (People  v. 
Jaiiies,  97  Ca|.  4(i(t,  32  Pac.  .".n.l 

The  couit  cannot  discharge  the  jury  merely  upon 
a  rei)ort  of  the  sherirc  Ihat  the  jury  cannot  agr<*e. 
(['iM.iih>  v.  Cage.  4s  c.ii.  ;;-j:!.» 


21  CONSTITUTION  OF  ISTO.        Art.  I,  §  i;> 

Where  the  .inry  is  diseharn-iMl  for  faihire  to  acrreo. 
It  is  not  necessary  that  the  record  slionld  show  that 
it  satisfactorily  api)eared  to  the  judse  tliat  tliere  was 
no  reasonable  probability  that  tlie  jury  conld  a§ree. 
(People  V.  Greene.  100  Cal.  140.  M  Vac.  030.) 

Where  the  defendant  flees  diirinj;  the  trial  and  the 
jury  is  discliarged,  a  plea  of  once  in  jeopardy  has  no 
merit.     (People  v.  Hissins-  59  Cal.  357.) 

Where  the  jury  is  discharged  with  the  consr-nt  of 
the  defendant,  a  plea  of  once  in  jeopardy  will  not 
prevail.     (People  v.  Curtis,  7G  Cal.   57,  17  Pac.  941.) 

The  same  is  true  if  tlie  juiy  is  discharged  on  ac- 
count of  the  siclcne.ss  of  one  of  tlie  jurors.  (People 
V.  Ross,  85  Cal.  383,  24  Pac.  789.) 

But  if  a  defendant  is  indicted  for  manslaugliter, 
the  court  cannot  lawfully  discharge  the  jury  because 
it  is  of  the  opinion  that  he  is  guilty  of  murder. 
(People  V.  Hunclieler,  48  Cal.  331.) 

Nor  can  the  jury  be  lawfully  discharged  because 
it  has  found  a  verdict  convicting  tlie  defendant  of 
a  crime  not  included  in  the  cliarge.  (People  v.  Ar- 
nett,  129  Cal.  300,  Gl  Pac.  930.) 

Different  offenses. — AVhere  the  legislature  has  foi*- 
bidden  the  sale  of  opium,  unless  a  record  of  the  sale 
is  Icept,  and  a  city  ordinance  forbids  tlie  sale  with- 
out a  prescription  of  a  physician,  a  prosecution  un- 
der each  of  these  provisions  is  no  violation  of  this 
provision.  (Ex  parte  Hong  Shen,  98  Cal.  (J81,  33  Pac. 
799.) 

A  prosecution  for  fraudulently  procuring  a  note  of 
one  of  the  joint  makers  is  not  a  bar  to  a  prosecution 
for  fraudiilently  procuring  the  joint  note  of  the  two 
makers.  (People  v.  Cummings,  123  Cal.  269,  55  Pac. 
898.) 

An  acquittal  upon  a  charge  of  libel  in  the  publi- 
cation of  a  charge  in  a  newspaper  is  a  bar  to  a 
prosecution  for  the  publication  of  another'  charge  in 
the  same  issue  and  against  the  same  individual,  al- 
though the  charges  are  not  the  same.  (People  v. 
Stephens.  79  Cal.  428,  21  Pac.  85(i.) 

Lesser  offense.— A  conviction  of  a  lesser  offense 
than  that  charged  is  an  acquittal  of  the  higher. 
(People  V.    Apgar,   35   Cal.    389;    People   v.    Nv  Sam 


Art.  I,  §  13         coNSTiTUTiox  OF  1ST9.  22 

Chunpr,  04  Cal.  304,  29  Pac.  G42;  Tcople  v.  Gor-loii. 
99  Cal.   227,   33   Pac.   901.) 

Where  a  defendant  is  charged  with  assault  witii 
a  deadly  weapon,  and  is  convicted  of  battery,  and 
the  judgment  is  reversed,  a  plea  of  once  in  jeopardy 
Avill  not  lie,  as  ass.ault  does  not  include  battery. 
(People  V.  Helbing,  61  Cal.  G20.) 

A  defendant  tried  for  murder,  and  convicted  of 
murdei'  in  the  second  degree,  who  has  the  judgment 
vacated  and  a  new  trial  granted,  may  be  subsequently 
convicted  of  murder  in  the  first  degree.  (People  v. 
Keefer,  Co  Cal.  2.32,  3  Pac.  SIS.)  1 

A  conviction  of  an  assault,  imder  an  information 
charging  an  assault  with  intent  to  murder,  is  a  bir 
to  a  prosecution  for  mayhem  committed  during  the 
assault.     (People  v.  Defoor,  100  Cal.  150,  34  Pac.  G42.) 

A  verdict  of  manslaughter  is  the  equivalent  of  a 
verdict  of  not  guilty  of  murder,  and  the  defendant, 
after  such  verdict,  cannot  be  again  trietl  upon  the 
charge  of  murder.  (People  v.  Muhlner,  115  Cal.  303, 
47  I'ac.  12.S.) 

New  trials  and  appeals. — Where  a  new  trial  is  or- 
dereil  for  insufficiency  of  the  evidence,  a  plea  of 
once  in  jeopardy  has  no  merit.  (People  t.  Hardisson, 
Gl   Cal.  378.) 

Where  a  judgment  of  conviction  is  reversed  be- 
cause of  a  defective  information,  and  the  action  is 
dismissed  and  a  new  information  filed  for  the  same 
offense,  the  defendant  cannot  plead  once  in  jeopardy. 
(People  v.  Scliniidt,  G4  Cal.  2t;o,  30  Pac.  814;  I'eojde  v. 
I<:ppinger,  109  Cal.  294,  41  Pac.  1037;  People  v.  Clnrk, 
G7  Cal.  99,  7  Pac.  178;  People  v.  Mooney,  132  Cal.  13.) 

The  same  is  true  where  the  judgment  is  revei'sed 
because  the  verdict  fails  to  find  tlie  degree  of  the 
crime.  (People  v.  Travers,  73  Cal.  HSO,  15  Pac.  293; 
People  V.  Lee  Yune  Chong,  94  Cal.  379,  29  Pac.  770.) 

Also  where  the  judgment  is  revers<>(l  for  failure  to 
file  the  informal iun  witliin  tlie  time  i)rescril)e(l  by 
the  statute,  (l'eoi)le  v.  Wickliam,  110  Gal.  384,  48 
Pac.  329.) 

Also  whore  the  judgment  is  reversed  for  failur*! 
to  find  upon  a  pU'a  of  once  in  jeopardy.  (People  v. 
Tuclcer,  117  Cal.  229.  4U  Pac.  1.34.) 

AVbere  the  defendant  li;is  not  asked  for  u  now  trial. 


23  CONSTITUTION  OF  1879.        Art.  I,  §  13 

the  supreme  court  in  reversing  ttie  .iudsment  may 
nevertheless  liiant  it.  (People  v.  Travers.  77  Cal. 
17G,  10  Pac.  2C.S;  People  v.  Lee  Yune  Cliong,  94  Cal. 
370,   29   Pac.   77(1) 

Practice. — The  question  of  jeopardy  can  only  arise 
after  an  issue  has  been  made  of  once  in  jeopardy. 
(People  V.  Lee  Yune  Chou?:.  04  Cal.  r,70,  29  Pac.  77G.) 

The  defendant  is  entitled  to  a  special  verdict  upon 
a  plea  of  once  in  jeopardy.  (People  v.  Tucker,  115 
Cal.  337,  47  Pac.  111.) 

Where  the  jury  on  the  first  trial  found  for  the 
people  on  the  plea  of  once  in  jeopardy,  but  failed  to 
agree  as  to  the  plea  of  not  guilty,  the  former  plea 
need  not  be  again  submitted  to  the  jury  on  a  second 
trial.     (People  v.    Smith,  121   Cal.  355,  53  Pac.  802.) 

WITNIESS  AGAINST  SELF.— A  proceeding  to  re- 
move a  public  officer  for  misconduct  in  office,  no  mat- 
ter in  what  form  the  statutes  may  clothe  it,  is  in 
its  nature  a  criminal  case.  (Tliurston  v.  Clark,  107 
Cal.  285.  40  Pac.  435.) 

Sections  145S  to  14G1  of  the  Code  of  Civil  Proce- 
dure are  not  penal  in  their  nature.  (Levy  v.  Supe- 
rior Court.  105  Cal.  GOO,  38  Pac.  0G5.) 

Where  the  examination  of  the  defendant  is  con- 
fined entirely  to  the  instrument  which  he  is  charged 
with  forging,  he  cannot  be  cross-examined  in  refer- 
ence to  the  forgery  of  another  instrument.  (People 
V.  Baird,  104  Cal.  462,  38  Pac.  310.) 

Where  a  defendant  testifies  that  he  drew  the  pis- 
tol merely  to  scare  the  deceased  and  had  had  no 
quarrel  with  him  on  that  day,  it  is  proper  on  cross- 
examination  to  ask  him  whether  or  not  he  had  a 
quarrel  with  the  deceased  a  few  moments  before  the 
shooting,  and  as  to  M'hat  kind  of  a  pistol  he  had, 
and  whv  he  cocked  it.  (People  v.  Brown,  7G  Cal. 
573.   IS  Pac.  G78.) 

AVhere  a  defendant  in  his  cross-examination  volun- 
tarily makes  a  statement  concerning  matters  not  em- 
braced in  his  examination  in  chief,  he  may  be  cross- 
examined  for  the  purpose  of  making  such  statements 
more  clear.  (People  v.  Sutton,  73  Cal.  243,  15  Pac. 
SG.) 

It  is  sufficient,  to  bring  a  person  within  the  immu- 
nity of  this  provision,  that  there  is  a  law  creating 


Art.  I,  §  13         CONSTITUTION  OF  1S79.  24 

the  offense  under  wliicb  the  witness  may  be  prose- 
cuted, and  which  does  not  secure  him  ajjainst  use,  in 
a  criminal  prosecution,  of  the  evidence  that  he  may 
jrive;  and  in  such  case  he  cannot  be  compelled  to  an- 
swer in  any  collateral  proceedine:  as  to  acts  consti- 
tutin.sr  such  offense.  (Ex  parte  Clarke,  103  Cal.  352. 
37  Pac.  230.) 

Where  the  statute  jrives  the  witness  complete  im- 
munity from  prosecution  for  the  offense  with  refer- 
ence to  which  his  testimony  is  jjiven.  he  cannot  re- 
fuse to  answer.  (Ex  parte'  Cohen.  104  Cal.  524,  .38 
Pac.  3G4.) 

A  law  can  absolutely  secure  a  party  a.!::ainst  use 
in  a  criminal  prosecution  of  the  evidence  he  may 
give,  only  by  a  provision  that,  if  he  submits  to  the 
examination  and  answers  the  questions,  he  shall  be 
exempt  from  any  criminal  prosecution  for  the  of- 
fense to  which  the  inquiry  relates.  (Ex  parte  Clarke, 
103   Cal    3.12.   37   Pac.   2.30.) 

The  mere  fact  that  an  answer  miarht  dissrace  the 
witness  is  not  ground  for  refusal  to  answer:  and 
where  an  act  provides  that  the  testimony  shall  not 
be  used  atrainst  him  in  any  criminal  prosecution,  he 
cannot  refuse  to  answer  under  this  provision.  (Ex 
parte  Kowe.  7  Cal.  1S4.) 

It  is  for  the  court  and  not  for  the  witness  to  de- 
termine whether  or  not  tlie  answer  will  incriminate 
tile  witness.     (In  re  Kosers,  12!)  Cal.  4(;.S.  (12  Pac.  41.) 

A  defendant  in  a  crin\inal  prosecution,  who  has 
become  a  witness  in  liis  own  behalf,  cannot  be  cross- 
examined  as  to  any  facts  or  matters  not  testifiiMl  to 
by  him  on  his  examination  in  cliief.  (People  v. 
O'P.ricTi.   (",(;   Cal.   <i<t2,   0   Pac.   C>'.)7,.) 

DUE  PROCESS  OF  LAW-Property.— The  riirht  to 
practice  law  is  not  "i)roperty"  within  the  meauinu: 
of  this  section.     (Cohen  v.  Wriirlit,  22  Oal.  203.) 

The  riulit  to  a  salary  attaclied  to  a  public  otlice 
is  not  j)ropcrty.  (Peunie  v.  Keis,  .SO  Cal.  2(;(!,  22  Pac. 
170;  Clarke  v.  Keis.  S7  Cal.  51.1,  25  I'ac.  75!).) 

Title  by  prcscrii)ti(tn  is  property  wliicli  is  protected 
by  this  provision.  (Sliaip  v.  P.laukrnsliip,  59  Cal. 
288.) 

What  is  "due  process."  "Due  jirocess  of  law" 
means  such  an  exertion  of  the  powers  of  the  j^ovorn- 


25  CONSTITUTION  OF  1879.        Art.  I,  §  13 

inent  as  the  settled  maxims  of  law  permit  and  sanc- 
tion, and  under  such  safeguards  for  the  protf^ction 
of  individual  rights  as  those  maxims  prescribe  for 
the  class  of  cases  to  which  the  one  in  question  be- 
lon?:s.  (Ex  parte  Ah  Fook.  40  Cal.  402;  Wulzen  v. 
Supervisors.   101  Cal.   1.5,  35  Pac.  353.) 

The  words  "due  process  of  law"  were  intended  to 
convey  the  same  meaning  as  tlie  words  "the  law  of 
the  land"  in  Magna  Charta,  and  mean  public  laws 
binding  all  the  members  of  the  community  under 
similar  circumstances,  and  not  partial  or  private  laws 
affecting  the  rights  of  Individuals.  (Kalloch  v.  Su- 
perior Court,  56  Cal.  229.) 

Due  process  of  law  requires  a  trial  governed  by 
the  established  rules  of  evidence,  and  a  proeediire 
suitable  and  proper  to  the  nature  of  the  case,  and 
sanctioned  by  the  established  usage  and  customs  of 
the  courts.  (San  .lose  Ilanch  Co.  v.  San  Jose  etc. 
Co.,  126  Cal.  322,  58  Pac.  824.) 

Police  power. — In  the  exercise  of  the  police  power 
certain  kinds  of  property,  when  held  or  used  so  as 
to  be  injurious  to  tlie  general  public,  may  be  seized 
and  destroyed.  (Collins  v.  Lean,  68  Cal.  284,  9  Pac. 
173.) 

An  act  defining  pure  wine,  prohibiting  the  use  of 
deleterious  substitutes,  and  forbidding  the  sale  of  im- 
pure wine,  does  not  deprive  one  of  property  without 
due  process  of  law.  (Ex  parte  Kohler,  74  Cal.  38,  15 
Pac.  436.) 

Where  an  ordinance,  fixing  the  limits  within  which 
a  disagreeable  business  may  be  exercised,  has  in  fact 
some  relation  to  public  health  and  is  appropriate  and 
adapted  to  that  end,  it  cannot  be  urged  that  the  or- 
dinance deprives  the  owner  of  his  property  without 
due  process  of  law.  (Ex  parte  Lacey,  108  Cal.  326, 
41  Pac.  411.) 

Particular  statutes.— The  provision  of  the  consti- 
tution allowing  prosecutions  by  information  affords 
due  process  of  law.  (Kalloch  v.  Superior  Court,  56 
Cal.  229.) 

An  act  making  the  issuance  of  bonds  conclusive 
evidence  of  the  validity  of  the  lien  is  void;  but  an 
act  making  the  issuance  conclusive  evidence  of  the 
Constitution — 3 


Art.  I.  §  13         CONSTITUTION  OF  1879.  26 

rep:ul;irity  of  the  pi-oceediuirs  not  essential  to  the 
jiirisdiotion  of  the  officers  to  create  the  lien  is  valid. 
(Ramish  v.   ITartwell,  120  Cal.  443.  58  Pae.  920.) 

Tliis  provision  docs  not  prohibit  a  summary  pro- 
ceedins:  by  tlie  state  to  collect  taxes,  without  the  in- 
tervention of  a  court.  (High  v.  Shoemalier,  22  Cal. 
363.) 

The  act  of  1875,  providing  for  a  judicial  proceed- 
ing to  authorize  the  sale  of  the  homestead,  upon  the 
insanity  of  either  spouse,  by  the  sane  spouse  alone, 
is  valid,  in  so  far  as  it  relates  to  a  homestead  upon 
the  community  property  acquired  subsequent  to  the 
passage  of  the  act.  (llider  v.  Regan,  114  Cal.  GG7, 
46  Pac.  820.) 

A  law  authorizing  the  court  to  strike  out  the  plead- 
ing of  a  defendant  for  failure  to  sign  a  deposition  or 
as  a  punishment  for  a  contempt  of  court  is  invalid. 
(Foley  v.  Foley.  120  Cal.  83,  52  Pac.  122.) 

A  statute  providing  that  no  case  shall  be  reversed 
for  error,  unless  it  appears  that  a  different  result 
would  have  been  probable  if  the  error  had  not  oc- 
curred, is  void  as  depriving  parties  of  due  process 
of  law.  (San  Jose  Ranch  Co.  v.  San  Jose  etc.  Co., 
120  Cal.  322,  58  Pac.  824.) 

An  act  devesting  the  title  of  the  purchaser  of  prop- 
erty from  a  mortgagor  by  a  foreclosure  suit  in  which 
the  mortgagor  alone  is  defendant  is  void.  (Skinner 
V.  Buck,  29  Cal.  253.) 

An  act  extending  the  corporate  limits  of  a  town  so 
as  to  include  lands  used  solely  for  agricultural  juir- 
poses  was  upheld  in  Santa  Rosa  v.  Coulter,  58  Cal. 
537. 

Notice.— A  judgment  obtained  without  sei-vice  of 
summons  on,  or  voluntary  appearance  by,  the  defend- 
ant does  not  constitute  due  process  of  law.  (Baker 
V.  O'Riordan,  05  Cal.  308,  4  Pac.  2.32;  Belcher  v.  Cham- 
bers, 53  Cal.  0;35;  De  La  Montanya  v.  De  La  Mon- 
tanya,  112  Cal.  101,  44  Pac.  345.) 

An  act  authorizing  a  personal  judgment  against 
a  defendant  concealing  himself  witliin  llie  st.'ite,  for 
wlK)m  the  court  has  ai)j)oiiited  an  attorney,  with 
])rivilege  to  the  defendant  to  come  in  witliin  six 
months,  is  valid.     (\V;ire  v.  Robinson,  9  Cal.  107.) 

Sections  12(Mi  and  1207  of  the  Penal  Code  must  be 


27  CONSTITUTION   OF   18(0.  Art.    I.    §  13 

construed  as  requlrinc:  tlint  both  debtor  and  credi- 
tor are  to  have  notice  of  claims  for  wases,  otherwise 
they  would  deprive  the  debtor  of  his  property  with- 
out due  process  of  law.  (Taylor  v.  Hill,  115  Cal. 
14;?,  44  Pac.  330,  46  Tac.  922.) 

Whether  a  notice  of  not  more  than  ten  days  is 
valid,  query?  (Boorman  v.  Santa  Barbara,  05  Cal. 
313,  4  Pac.  31.) 

A  general  notice  of  an  intended  improvement,  be- 
fore it  has  been  determined  either  finally  or  condi- 
tionally what  land  will  be  affected,  does  not  consti- 
tute due  process  of  law.  (Booi'man  v.  Santa  Bar- 
bara, 65  Cal.  313,  4  Pac.  31.) 

An  act  authorizing  an  assessment  for  street  im- 
provements without  notice  to  the  parties  to  be  as- 
sessed is  void.  (Boorman  v.  Santa  Barbara,  65  Cal. 
313.  4  Pac.  31.) 

Notice  by  posting  constitutes  due  process  of  law. 
(Davies  v.  Los  Angeles,  86  Cal.  37,  24  Pac.  771.) 

Section  720  of  the  Code  of  Civil  Procedure,  allow- 
ing the  judgment  creditor  to  institute  an  action 
against  an  alleged  debtor  of  the  judgment  debtor,  is 
not  unconstitutional  on  the  ground  that  no  notice  is 
given  to  the  jitdgment  debtor.  (High  v.  Banli  of 
Commerce,  95   Cal.  380,  30  Pac.  550.) 

In  matters  of  taxation  and  assessment,  the  state 
is  not  bound  to  accord  personal  service  of  process 
upon  the  citizen.  (AVulzen  v.  Supervisoi's,  101  Cal. 
15,  35  Pac.   353.) 

An  assessment  without  giving  an  oppoi'tunity  to 
the  taxpayer  to  show  that  the  assessment  is  not  pro- 
portionate to  the  Ijonetits  is  unconstitutional.  (Lower 
Kings  Eiver  Rec.  Dist.  No.  531  v.  Phillips,  108  Cal. 
300,  39  Pac.  030,  41  Pac.  335.) 

In  a  proceeding  for  the  sale  of  the  homestead  of  an 
Insane  person,  puljlication  for  throe  weeks  in  a  news- 
paper, and  personal  service  upon  the  nearest  male 
relative  of  the  insane  spouse  to  be  found  in  the  state, 
or,  if  none,  then  upon  the  public  administrator,  whose 
duty  it  is  to  appear  for  such  insane  spouse,  consti- 
tutes due  process  of  law.  (Rider  v.  Regan,  114  Cal. 
007,  40  Pac.  820.) 

A  statute  allowing  an  execution  to  issue  against 
the  "joint  property"  of  persons  sued,  when  only  one 


Art.  I,  §  13         CONSTITUTION  OF  1879.  28 

of  the  defendants  has  been  served,  is  unconstitution- 
al.    (Tay  V.   Hawley,  39  Cal.  93.) 

An  act  allowing  a  peace  officer  to  seize  all  nets, 
etc.,  used  in  catching  fish  in  violation  of  the  game 
laws,  and  to  destroy  them  without  notice,  or  to  sell 
them  upon  notice  posted  anywhere  in  the  county  for 
five  days,  is  in  violation  of  this  provision.  (Hey  Sing 
leck  V.  Anderson,  57  Cal.  251.) 

I'o  talie  property  from  the  possession  of  a  person 
without  a  hearing,  and  compel  him  to  prove  title 
to  regain  it,  is  tailing  property  without  due  process 
of  law.  (Havemeyer  v.  Superior  Court,  84  Cal.  327, 
24  Pnc.  121.) 

A  forfeiture  of  the  charter  and  property  of  a  sub- 
ordinate grove  by  the  grand  grove,  without  suffi- 
cient charges  to  show  jurisdiction  over  the  subject 
matter,  and  without  sufficient  notice,  is  in  violation 
of  this  provision.  (Grand  Grove  etc.  v.  Garibaldi 
Grove,  130  Cal.  IIG.  G2  Pae.  48G.) 

An  order  of  the  probate  coiut  made  without  no- 
tice, compelling  an  attorney  of  an  executrix  to  repay 
a  fee  paid  to  him  by  her,  is  in  violation  of  this  pro- 
vision.    (Tomsky  v.  Superior  Court,  131  Cal.  G20.) 

Liens.— The  mechanics'  lien  law  of  1SG8  is  not  un- 
constitutional on  tile  ground  that  it  attempts  to  ap- 
point agents  for  private  persons;  nor  that  it  confis- 
cates property;  nor  as  to  tlie  notice  r<>(iuired  of  own- 
ers as  to  resi)onsibility  for  improvciaeuts;  nor  that 
it  attempts  to  talve  away  vested  rights,  or  to  clotlie 
private-  persons  witii  power  to  devest  citizens  of 
tlieir  property.  (Hicks  v.  Murray.  43  Cal.  51.5.) 
-  Giving  a  laborer  a  lien  upon  the  threshing  ma- 
chine in  the  lawlnl  poss(\ssiou  of  a  person  holding 
under  the  owner  does  not  deprive  tlie  latter  of  i)rop- 
ortv  without  due  process  of  law.  (Lambert  v.  Da- 
vis"  11 G  Cal.   292.   48   Pac.   123.) 

An  act  autliorizing  the  creation  of  a  lien  uik>ii  land 
by  virtue  of  a  oontnict  for  the  improvement  of  the 
street  adjacent  tliereto,  entered  into  with  one  who 
is  only  tlie  reputed  owner  of  the  land,  is  void.  (Santa 
Cwiz  Kock  etc.  Co.  v.  Lyons,  117  Cal.  212,  48  Pac. 
1097.) 

Curative  acts.— The  legislature  has  power  to  pass 
curative   acts   by   which   tlie   various   acts   and   pro- 


29  CONSTITUTION  OF  1879.        Art.  I,  §  13 

ceedings  of  the  officers  and  boards  charged  with  the 
levying  aud  assessing  of  taxes  are  rendered  valid, 
notwithstanding  that  errors  and  liTegularities  have 
intervened.  Bnt  where  tlie  officer  or  tribunal  has  no 
jurisdiction,  the  act  is  void,  and  cannot  be  cured. 
(People  V.   Goldtree,  44  Cal.  323.) 

An  act  to  validate  a  .iudgmont  of  a  court  void 
for  want  of  jurisdiction  is  void.  (Pryor  v.  Downev, 
50  Cal.  388.) 

An  act  attempting  to  validate  a  void  assessment 
is  in  violation  of  this  provision.  (Brady  v.  King,  53 
Cal.  44;  People  v.  Lynch,  51  Cal.  15;  People  v.  Gold- 
tree,  44  Cal.  323;  Schumaker  v.  Toberman,  56  Cal. 
508;  Taylor  v.  Palmer,  31  Cal.  240;  People  v. -Mc- 
Cnne,   57   Cal.   l.->3.) 

An  act  attempting  to  legalize  a  sale  of  property 
for  a  void  tax  is  unconstitutional.  (Harper  v.  Rowe, 
53  Cal.  233;  Wills  v.  Austin,  53  Cal.  152;  Houghton 
V.    Austin,    47    Cal.    G4(5.) 

Assessments. — The  so-called  "front-foot"  method 
of  assessment  for  street  improvements  has  been 
many  times  upheld  in  this  state.  (Hadley  v.  Dague. 
130  Cal.  207,  02  Pac.  500;  Cohen  v.  Alameda,  124 
Cal.  504.  57  Pac.  377:  Chambers  v.  Satterlee.  40  f^Ml. 
497;  Emery  v.  San  Francisco  etc.  Co..  28  Cal.  345; 
Emery  v.  Bradford,  29  Cal.  75;  Taylor  v.  Palmer, 
31  Cal.  240:  Whiting  v.  Quackenbush,  54  Cal.  300; 
Whiting  V.  Townsend,  57  Cal.  515;  Lent  v.  Tillson, 
72  Cal.  404,  14  Pac.  71;  Jennings  v.  Le  Breton,  80 
Cal.  8,  21  Pac.  1127;  San  Francisco  etc.  Co.  v.  Bates, 
22  Cal.  Dec.  302;  Banaz  v.  Smith,  21  Cal.  Dec.  735.) 

Considerable  doubt  Avas  cast  upon  the  correctness 
of  these  decisions  by  the  decision  of  the  United  States 
supreme  court  in  Norwood  v.  Baker,  172  U.  S.  209, 
19  Sup.  Ct.  Rep.  187,  but  the  doctrine  of  these  cases 
has  been  since  sustained  by  the  decision  of  that  court 
in  Tonawanda  v.  Lyon,  181  U.  S.  389,  21  Sup.  Ct.  Rep. 
609. 

An  act  aiithorizing  the  street  superintendent  to  as- 
sess benefits,  without  prescribing  the  precise  mode 
of  assessment,  is  valid.  (Harney  v.  Benson,  113  Cal. 
314,  45  Pac.  687;  Greenwood  v.  Morrison,  128  Cal. 
350,  60  Pac.  971.) 


Art.  1.  §  13         CONSTITUTION  OF  1879.  30 

An  assessment  is  not  invalid  because  the  owner 
of  the  hind  is  not  given  an  opportunity  to  be  heard 
before  tlie  assessment  is  made,  if  he  is  given  that 
opportunity  in  an  action  to  enforce  tlie  assessment. 
(Keclamation  Dist.  No.  108  v.  Evans,  Gl  Cal.  104.) 

An  act  permitting  the  owners  of  one-lialf  of  the 
hind  of  a  district  to  form  an  assessment  district, 
"Without  malving  any  provision  for  a  determhiation 
as  to  Avhether  the  other  owners  will  be  benetited  by 
the  improvement,  is  unconstitutional.  (Moulton  v. 
Parks,  G4  Cal.  1G6,  30  Pac.  G13;  Brandenstein  v.  Hoke, 
101  Cal.  131,  35  Pac.  502;  People  v.  Reclamation  Dist. 
No.  5;"1,  117  Cal.  114,  48  Pac.  1010.) 

The  mode  of  assessment  is  a  matter  for  the  leg- 
islat'.u'e,  and  the  courts  will  not  interfere  on  the 
ground  of  an  improper  apportionment  or  inequality 
of  burden  or  benefit,  unless  there  is  a  palpable  vio- 
lation of  private  rights.  (Reclamation  Dist.  v.  Ila- 
gar.  GO  Cal.  54.  4  Pac.  045.) 

It  is  sufficient  if  the  parties  interested  are  given 
an  opportunity  to  be  heard  before  the  lien  becomes 
final  upon  their  property,  and  they  are  not  entitled 
to  be  heard  uj)ou  the  question  whetlier  or  not  th'^ 
improvenuMit  should  be  made.  (Dent  v.  TIIlsou.  72 
Cal.  404.  14  Pac.  71;  Board  of  Directors  v.  Tregea, 
88  Cal.  .334.  2G  Pac.  237.) 

Wliere  the  limits  of  an  assessment  district  are  de- 
fined in  the  statute,  notice  need  not  be  addressed  to 
the  persons  affected  by  name.  (Lent  v.  Tillson,  72 
Gal.  404,  14  Pac.  71.) 

An  act  for  the  protection  of  swamp  lands,  which 
provides  for  making  assessments  therefor  a  charge 
upon  the  lands  benefited,  and  for  a  sale  of  such 
lands  for  such  assessments,  without  any  oi)portnnity 
for  a  hearing  of  tlie  land  owner  in  regard  to  the  as- 
sessment, and  without  any  suit  or  opportunity  of 
defense,  is  invalid.  (Ilutson  v.  Protection  Dist.,  79 
Cal.  00,   1(>  Pac.  .540,  21    Pac.  435.) 

The  property  of  a  land  owner  within  an  irrigation 
district  is  not  taken  from  him  without  due  process 
of  law,  if  he  is  allow<>d  a  bearing  at  any  time  before 
the  lien  of  an  assessment  for  ta.xes  levied  tliereon 
becomes  final.  (In  re  .Madera  Irr.  Dist,  02  Cal.  29G, 
28  Pac.  272.J 


31  coNSTiTiTioN  OF  1879.        xVrt.  I,  §  14 

The  "Wright  art"  providinir  for  irrigation  dis- 
tricts is  constitutional.  (In  re  Central  Irr.  Dist.,  117 
Cal.  382,  49  Pac.  354,  and  cases  there  cited.) 

DEPOSITIONS.— This  section  does  not  prevent  the 
legislature  from  providing  that  depositions  taken  on 
the  preliminary  examination  mav  be  used  on  the 
trial.     (People  v.  Oiler,  GO  Cal.  1()1,  4  Pac.  10(30.) 

As  to  the  power  of  the  legislature  to  authorize  the 
conditional  examination  of  witnesses,  see  Willard  v. 
Superior  Court,  82  Cal.  450.  22  Pac.  1120. 

The  provision  of  the  Penal  Code  allowing  deposi- 
tions taken  at  the  preliminary  examination  of  a  de- 
fendant charged  with  murder  to  be  read  in  evidence 
for  the  prosecution  upon  the  trial  is  not  in  conflict 
with  this  section.  (People  v.  Siei-p,  HO  Cal.  249,  48 
Pac.  88;  People  v.  Cady,  117  Cal.  10,  48  Pac.  908.) 

Sec.  14.  Private  property  shall  not  be  taken 
or  damaged  for  public  use  without  just  compensa- 
tion having  been  first  made  to,  or  paid  into  court, 
for  the  owner,  and  no  right  of  way  shall  be  ap- 
propriated to  the  use  of  any  corporation  other  than 
municipal  until  full  compensation  therefor  be 
first  made  in  money  or  ascertained  and  paid  into 
court  for  the  owner,  irrespective  of  any  benefit 
from  a.ny  improvement  proposed  by  such  corpora- 
tion, which  compensation  shall  be  ascertained  by 
a  jury,  unless  a  jury  be  waived,  as  in  other  civil 
cases  in  a  court  of  record,  as  shall  be  prescribed 
by  law. 

PRIVATE  PROPERTY  FOR  PUBLIC  USE —A 

municipal  corporation  has  no  power  to  take  a  lot 
to  which  it  has  no  title,  which  is  in  the  actual  pos- 
session of  another,  who  claims  to  be  the  owner,  al- 
though he  in  fact  is  not.  and  appropriate  it  to  the 
use  of  the  public.  Avithout  paying  compensation. 
(Gunter  v.  Geary,  1  Cal.  402.) 


Art.  1,  §  14         coxsTiTUTiON  OF  1879.  32 

The  property  of  a  citizen  cannot  be  taken  from 
him  for  pnblic  use,  unless  ample  means  of  remunera- 
tion are  provided.  (McCann  v.  Sierra  County,  7  Cal. 
121.) 

A  municipal  corporation  cannot  take  private  prop- 
erty for  public  use,  without  making  compensation  in 
advance  or  providing  a  fund  out  of  which  compensa- 
tion shall  be  made  as  soon  as  the  amount  to  be  paid 
can  be  determined.     (Colton  v.  Rossi,  0  Cal.  50.").) 

The  legislature  has  no  power  to  take  the  property 
of  one  person  and  give  it  to  another;  nor  can  it  bo 
taken  for  public  use,  unless  compensation  to  the 
owner  precede  or  accompany  the  taking.  (Gillan  v. 
Hutchinson,  10  Cal.  1.53.) 

An  act  directing  the  governor  to  take  possession 
of  the  state  prison  in  tlie  possession  of  a  lessee,  with- 
out making  anv  provision  for  compensation,  is  void. 
(McCauiey  v.  AVeller.  12  Cal.  500.) 

The  act  of  1S(;3.  providing  for  the  Avidening  of 
streets  in  San  Francisco  by  agreement  with  the  own- 
ers, does  not  deprive  the  owners  of  any  right  or 
privilege  guaranteed  by  this  section.  (San  Francisco 
V.  Kiernan,  OS  Cal.  014,  33  Tac.  720.) 

Property. — The  right  of  a  riparian  owner  cannot 
be  taken  away,  except  for  pul)li<-  us<'  on  due  com- 
pensation. (Lux  V.  Haggin.  00  Cal.  255,  372,  10  Pac. 
074.) 

This  section  does  not  apply  to  any  mere  diminu- 
tion in  value  of  aliutting  lands  by  the  closing  of  a 
street  in  whole  or  in  part,  nor  to  any  mere  inconve- 
nience to  abutting  owners  thereby  occasioned,  if  ac- 
cess to  their  land  is  not  prevent(>(l.  (Brown  v.  Su- 
pei'visors,  124   Cal.   275,  57   I'ac.   S2.) 

Altliougli  the  supervisors  have  authority  to  close  a 
public  street,  tlie  owner  of  adjoining  i)roj>erty  has 
an  easement  tlu>i'ein,  of  whicli  he  cannot  be  di-- 
prived  without  coinpcns.ition.  (P.igelow  v.  I'allerino. 
Ill   Cal.  5.50,  44  Pac.   307.) 

The  right  of  the  owner  of  a  city  lot  to  the  use  of 
the  street  adjacent  tliereto  is  property,  and  any  act 
by  which  this  right  is  iiiii)aired  is  to  that  extent  a 
damage.  (Eachus  v.  Los  Angeles  etc.  Ky.  Co.,  103 
Cal.  014,  37  Pac.  750.) 


33  CONSTITUTION  OF  IST'J.        Art.  I,  §  14 

No  oompensation  need  be  made  for  the  vacation 
of  a  public  street  Avbieb  has  not  been  dedicated  by 
the  owners  or  the  land.  (Levee  Dist.  No.  9  v.  Far- 
mer, 101  Cal.  178,  35  Pac.  5G9.) 

Money  is  not  that  species  of  property  which  the 
sovereign  authority  can  authorize  to  be  talien  in 
the  exercise  of  the  right  of  eminent  domain.  (Bur- 
nett V.  Sacramento,  12  Cal.  76;  Emery  v.  San  Fran- 
cisco, 28  Cal.  345.) 

The  leasehold  interest  in  convicts  leased  by  the 
state  is  as  much  property  as  are  lands  held  in  fee. 
(McCauley  v.  Brooks,  16  Cal.  11.) 

A  franchise  for  a  street  railroad  is  property  ca- 
pable of  being  benefited  by  the  widening  of  the 
street.  (Appeal  of  North  Beach  etc.  R.  R.  Co.,  32 
Cal.  490.) 

The  legislature  may  grant  the  right  to  construct 
a  railroad  upon  a  public  street  without  providing 
for  compensation  for  the  damage  done  to  the  own- 
ers of  the  adjacent  property,  provided  the  owners 
of  the  property  are  not  the  owners  usque  ad  filum 
viae.    (Carson  v.  Central  Pac.  R.  R.  Co.,  35  Cal.  325.) 

A  person  who  owns  lots  fronting  on  a  street  dedi- 
cated by  himself  to  tlie  public  use  is  entitled  to  dam- 
ages, if  a  railroad  company  lays  its  track  along  the 
street,  and  thereliy  obstructs  it  for  tlie  use  of  teams 
and  vehicles,  and  if  the  value  of  the  lot  is  diminislied 
thereby.  (Southern  Pac.  R.  R.  Co.  v.  Reed,  41  Cal. 
256.) 

An  act  providing  that  a  tax  collector  shall  receive 
the  fees  allowed  by  law,  and  pay  a  part  of  such 
fees  into  tlie  treasury  for  the  benetit  of  the  county, 
does  not  take  private  property  for  public  use.  (Ream 
V.  Siskiyou  County,  36  Cal.  620.) 

Public  use. — The  formation  of  an  irrigation  district 
for  the  |)ni-pnse  of  reclaiming  arid  land  is  a  public  pur- 
pose for  which  private  property  may  be  taken.  (Thur- 
lock  Irr.  Dist.  v.  Williams,  76  Cal.  360,  18  Pac.  379; 
Central  Irr.  Dist.  v.  De  Lappe.  79  Cal.  351.  21  Pac. 
825:  Crall  v.  Poso  Irr.  Dist..  87  Cal.  140,  26  Pac.  797.) 

The  legislature  is  the  sole  .judge  of  the  public  ne- 
cessity or  advantage  of  a  proposed  improvement  as 
a  public  use.     (Gilmer  v.  Lime  Point,  18  Cal.  229.) 


Art.  I,  §  14         CONSTITUTION  OF  1879.  3-1 

The  words  "public  use"  mean  a  use  which  con- 
cerns the  whole  community,  as  distinguished  from 
a  particular  individual  or  a  particular  number  of 
individuals.  But  it  is  not  necessary  that  each  and 
every  individual  member  of  society  should  have  the 
same  degree  of  interest  in  this  use.  or  be  personally 
or  directly  affected  by  it,  in  order  to  make  it  public. 
(Gilmer  v.  Lime  Point,  18  Cal.  229.) 

To  condemn  land  within  the  state  for  a  United 
States  fort  or  other  military  or  naval  purpose  is  to 
condemn  land  for  a  public  use.  (Gilmer  v.  Lime 
Point,   18  Cal.   220.) 

The  only  test  of  the  admissibility  of  the  power  of 
the  state  to  condemn  land  for  "public  use"  is  that 
the  particular  object  for  which  the  land  is  condemned 
tends  to  promote  the  general  interest,  in  its  relation 
to  any  lej^itimate  object  of  government.  (Gilmer  v. 
Lime 'Point.   18  Cal.  220.) 

The  "public  use"  is  left  in  large  measure  to  legis- 
lative determination;  and  the  legislative  resolve,  by 
^^■llich  a  tax  is  imposed  or  private  property  taken. 
is  such  legislative  determination.  (Stockton  etc.  li. 
R.  Co.  v.  Stockton,  41  Cal.  147;  Contra  Costa  etc. 
Co.  v.  Moss,  23  Cal.  323.) 

Rut  the  legislative  determination  that  a  certain 
l)usiness  is  a  i)ublic  pse  is  not  conclusive  of  its  char- 
acter. (Consolidated  Channel  Co.  v.  Central  Pac.  R. 
R.  Co.,  51  Cal.  2(;0.) 

A  railroad  for  the  transportation  of  passengers  and 
freight  is  a  public  use.  (San  Francisco  etc.  R.  R. 
Co.  V.  Caldwell.  81  Cal.  .8C.7;  Contra  Costa  etc.  Co. 
V.  Moss,  23  Cal.  323;  Stockton  etc.  R.  R.  Co.  v.  Stock- 
ton, 41  Cal.  147;  Napa  Valley  R.  R.  Co.  v.  Napa,  3i» 
Cal.  43r,.) 

Private  use.— The  legislature  cannot  take  private 
property  for  a  private  use,  and  it  must  declare  the 
liurpose  to  be  one  of  public  necessity  or  convenience. 
(Niekey  v.  Stonrns  Kanclios  Co.,  12(1  Cal.  15(),  58  Pac. 
-1.50;  Consolidated  Cliannel  Co.  v.  Central  Pac.  R.  R. 
Co.,  51  Cal.  200:  Rrenhani  v.  Story,  39  Cal.  170; 
Sherman   v.    Buick,    32   Ci\\.   241.) 

Thus  an  act  permiltlng  a  person  to  l>uild  a  flume 
on  the  land  of  aiiotlier  to  carry  off  the  tailing.s  fronj 


35  CONSTITUTION  OF  1879.        Art.  I.  §  14 

his  mine  is  void.  (Consolidated  Channel  Co.  v.  Central 
Pac.  R.  K.  Co.,  ni  Cal.  2(10.) 

Also  an  act  giviujj  a  right  to  miners  to  enter  upon 
private  property,  where  no  such  right  existed  an- 
terior to  its  passage.  (Gillau  v.  Hutchinson,  10  Cal. 
153.) 

Also  an  act  authorizing  an  administrator  to  sell 
real  property  belonging  to  the  estate  of  his  decedent, 
who  died  before  the  passage  of  the  act,  except  in 
satisfaction  of  the  liens  of  creditors,  for  the  support 
of  the  family,  or  to  pay  the  expenses  of  administra- 
tion.    (Brei\ham  v.   Story,  39  Cal.   179.) 

The  legislature  has  power  to  open  so-called  "pri- 
vate roads,"  from  main  roads  to  the  residences  or 
farms  of  individuals.  The  fact  that  they  are  called 
"private"  is  immaterial,  since  all  roads  are  public. 
'(Sherman  v.  Buick,  32  Cal.  241.) 

Damaged. — The  provision  of  this  section  against 
property  being  damaged  for  public  use  is  not  found 
in  the  constitution  of  1849.  As  to  the  meaning  of 
the  Avord  "damaged"  as  used  in  this  section,  see 
Reardon  v.  San  I'raucisco,  66  Cal.  492,  501-506,  6  Pac. 
317. 

A  mere  infringement  of  the  owner's  personal  pleas- 
ure or  enjoyment,  or  merely  rendering  the  property 
less  desirable  for  certain  purposes,  or  even  causing 
personal  annoyance  and  discomfort,  does  not  con- 
stitute a  damage  within  the  meaning  of  this  section. 
(Eachus  V.  Los  Angeles  etc.  Ry.  Co.,  103  Cal.  614, 
37  Pac.  750.) 

Digging  and  maintaining  ditches  and  drains  across 
private  lands  is  a  taking  of  property.  (Nickey  v. 
Stearns  Ranches  Co.,  12G  Cal.  150,  58  Pac.  4.59.)' 

Where  the  damage  is  not  the  natural,  certain,  and 
immediate  consequence  of  an  improvement,  compen- 
sation need  not  be  made  in  advance.  (De  Baker  v. 
Railway  Co.,  100  Cal.  257,  39  Pac.  610.) 

Streets.— A  city  is  liable  for  damages  caused  the 
owner  of  an  abutting  lot  by  excavating  the  street 
in  front  thereof,  in  pursuance  of  a  contract  let  by 
the  city  for  that  purpose.  (Eachus  v.  Eos  Angeles, 
130  Cai.  492,  62  Pac.  829;  Reardon  v.  San  Francisco, 
66  Cal.  492,  6  Pac.  317.) 


Art.  I,  §  14         coxsTiTUTiox  or  1ST9.  clG 

Damajres  caused  by  the  raisinp:  of  a  street  to  the 
official  grade  cannot  be  pleaded  as  a  defense  to  an 
action  broiifjlit  to  foreclose  the  lien  for  improving 
the  street.  (Ilornuug  v.  McCarthy,  126  Cal.  17,  58 
Pac.  303.) 

An  owner  of  land  abiitting  upon  a  street  is  en- 
titled to  compensation  for  any  injury  to  -his  property, 
which  he  sustains  over  and  above  that  sustained  in 
common  with  other  abutting  owners,  resulting  from 
a  change  in  the  grade  of  the  street.  (Enclius  v.  Los 
Angeles  Ry.  Co..  103  Cal.  614,  37  Pac.  750;  Jennings 
V.  Le  Roy.  63  Cal.  397.) 

But  a  city  is  not  responsible  for  the  unauthorized 
act  of  its  officers  in  raising  the  grade  of  a  street 
and  thus  damaging  adjoining  property.  (Sievers  v. 
San  Francisco.  115  Cal.  64S.  47  Pac.  6S7.) 

To  change  the  channel  of  a  natural  watercourse 
so  as  to  increase  the  flow  of  water  in  another  water- 
course, to  the  injury  of  adjoining  lands,  is  a  viola- 
tion of  this  section.  (Rudel  v.  Los  Angeles,  118  Cal. 
281.  50  Pac.  400;  Conniff  v.  San  Francisco.  67  Cal. 
45.  7  Pac.  41;  Tyler  v.  Teliama  Co.,  100  Cal.  618,  42 
Pac.  240.  Rut  see  Green  v.  Swift,  47  Cal.  536;  Lar- 
raboe  v.    Cloverdale.    131   Cal.   06.) 

A  municipal  corporation  is  liable  for  damages 
caused  by  tlie  construction  of  sewers,  etc.,  in  such 
a  manner  that  the  surface  water  of  a  large  terri- 
tory, wliicli  did  not  naturally  flow  in  that  direction, 
is  gathered  into  a  body  and  precipitated  upon  pri- 
vate property.  (^Stanford  v.  San  Francisco,  111  Cal. 
198,  43  I'ac.  605.) 

Rut  a  municipal  corporation  is  not  liable  for  dam- 
ages caused  by  the  prevention  of  tlie  flow  of  sur- 
face water  from  tlie  lot  of  a  private  owner,  by  rea- 
son of  the  raising  of  a  street  to  the  grade  ostabl'slied 
by  law,  wliere  sucli  sui'face  wal(M-  (lo(>s  not  run  in 
.Vuatural  ch:iiuiel  across  tlie  lot.  (r,'orcoran  v.  Renicia. 
96  Cal.  1,  30  Pac.  798;  Lampe  V.  San  Francisco,  124 
Cal.  546.  .57  Pac.  461.) 

A  statute  exempting  ,a  municipal  corporation  from 
liability  for  dani:ig(>s  for  injuries  sustained  by  any 
I)erson  on  its  graded  streets,  liut  malvlng  tlie  officers 
of  tlie  city  lial>l(>  llicrcror,  is  valid.  (I'arsous  v.  San 
Francisco,  23  Cal.   462.) 


37  CONSTITUTION  OF  1871).        Art.  I,  §  14 

A  contractor  of  the  city  is  not  liable  under  this 
provision  for  damage  to  private  property  caused  by 
a  public  Improvement.  (De  Balier  v.  Eailway  Co., 
100  Cal.  257,  30  Pac.  GIO.) 

Procedure.— Section  1254  of  the  Code  of  Civil  Pro- 
cedure, in  regard  to  proceedings  for  the  condemna- 
tion of  property  for  public  use,  allowing  an  adequate 
fund  to  be  paid  into  court,  whereupon  the  court 
may  authorize  the  plaintiff  to  talve  possession  of  the 
property  until  the  final  determination  of  the  litiga- 
tion, is  not  inconsistent  with  this  section.  (Spring 
Valley  W.  W.  v.  Drinlihouse,  95  Cal.  220,  30  Pac. 
218.) 

But  a  statute  allowing  the  plaintiff  to  take  pos- 
session upon  tlie  filing  of  a  bond  is  void.  (Vilhac 
V.  Stoclvton  etc.  R.  R.  Co.,  53  Cal.  208;  San  Mateo 
W.  W.  V.  Sharpstein.  50  Cal.  284:  Sanborn  v.  Belden, 
51  Cal.  260.  But  see  Fox  v.  Western  etc.  R.  R.  Co., 
31  Cal.  538.) 

This  provision  contemplates  and  provides  for  a 
proceeding  in  court  in  all  cases  whex'e  private  prop- 
erty is  taken  for  a  public  use,  and  prohibits  any 
otlier  proceeding  to  that  end;  and  the  owner  is  en- 
titled to  a  .lury  trial  for  the  purpose  of  ascertain- 
ing the  damages.  (Weber  v.  Santa  Clara  Co.,  59 
Cal.  205;  Trahern  v.   San  Joaquin  Co.,  59  Cal.  320.) 

The  means  of  compensation  must  be  provided  be- 
fore the  property  is  taken.  (McCauley  v.  Weller,  12 
Cal.  500.) 

If  failure  be  made  in  paying  or  providing  such 
compensation,  the  party  may  retake  possession  of  the 
property.     (Oolton  v.   Rossi,  9  Cal.  595.) 

The  state  may  select  its  own  agen,ts  and  agencies 
in  exercising  the  power  of  eminent  domain,  and  may 
select  foreign  corporations  or  governments.  (Gilmer 
V.  Lime  Point,  IS  Cal.  229.) 

The  provision  for  .iust  compensation  only  requires 
that  a  certain  and  adequate  remedy  be  provided  by 
which  the  owner  can  obtain  his  compensation  with- 
out unreasonable  delay;  and  a  law  providing  for  a 
jury  to  determine  the  value,  that  the  money  be  paid 
into  the  county  treasury  for  the  owner,  to  be  paid 
to  him  when  his  ownership  is  ascertained,  is  valid. 
(Gilmer  v.  Liiue  Point,  18  Cal,  229.) 
Constitution — 4 


Art.  I,  §  14         CONSTITUTION  OF  1879.  38 

An  act  piovidins:  for  a  proposed  alteration  of  a 
public  road,  and  requiring  persons  claiming  com- 
pensation for  land  to  be  taken  to  present  their  claims 
within  a  certain  time,  or  be  deemed  as  waiving  all 
right  to  damages,  is  valid.  (Potter  v.  Ames,  43  Cal. 
75.) 

It  is  competent  for  the  legislature  to  prescribe  the 
several  steps  to  be  pursued  in  the  assertion  of  the 
right  to  compensation  for  land  appropriated  for  pub- 
lic use,  but  the  prescribed  procedure  must  not  de- 
stroy or  substantially  impair  the  right  itself.  (Pot- 
ter V.  Ames,  43  Cal.  75.) 

The  fact  to  be  ascertained  is  the  value  of  the  land 
at  the  time  it  is  taken,  and  testimony  to  prove  the 
annual  net  profits  is  not  admissible.  (Stockton  etc. 
Co.  V.   Galgiana,  49  Cal.  139.) 

Compensation. — An  ordinance  fixing  water  rates 
must  allow  a  just  and  reasonable  compensation  to 
the  water  company  for  the  property  used  and  the 
services  furnished  by  it.  (San  Diego  Water  Co.  v. 
San  Diego,  118  Cal.  556,  50  Pac.  G33.) 

In  a  condemnation  proceeding  the  land  owner  is 
not  liable  for  costs,  but  is  entitled  to  recover  his 
own  costs  from  the  plaintiff.  (San  Francisco  v.  Col- 
lins, 98  Cal.  259.   33  Pac.  5G.) 

Where  a  railroad  company,  prior  to  the  commence- 
ment of  proceedings  to  condemn  a  right  of  way,  but 
with  the  bona  fide  intent  to  commence  such  pro- 
ceedings, erects  structures  thereon,  it  is  not  required 
to  pay  for  the  structures  so  erected  in  the  condem- 
nation proceeding.  (Albion  Kiver  li.  R.  Co.  v.  Hesser, 
84  Cal.  435.  24  Pac.  288;  San  Francisco  etc.  R.  R.  Co. 
V.  Taylor,  80  Cal.  240,  24  Pac.  1027.) 

The  provision  of  section  1249  of  the  Code  of  Civil 
Procedure  that,  for  the  purpose  of  assessinc:  com- 
pensation and  damnges,  the  right  thereto  shall  be 
<leemed  to  have  accrued  at  the  date  of  the  summons, 
is  not  in  conflict  with  this  provision.  (California 
Southern  R.  R.  Co.  v.  Kiml.Mli.  01  Cal.  90;  Tehama 
Co.    V.   Bryan,   68    Cal.    57,   8   Pac.    673.) 

Under  the  former  constitution,  where  the  land 
taken  is  a  part  only  of  a  tract,  the  dilTeronce  be- 
tween the  value  of  the  tract  without  the  improve- 
ment and  with  It.  Is  the  compensation  to  be  made. 


C9  CONSTITUTION  OF  1879.        Art.  I,  §  14 

(San  Francisco  etc.  R.  R.  Co.  v.  Caldwell,  31  Cal. 
367.) 

Both  the  injury  to  the  land  and  the  benefit  to  it 
should  be  considered.  (San  Francisco  etc.  R.  R.  Co. 
V.  Caldwell,  31  Cal.  307.) 

The  defendant  is  entitled  to  receive  for  a  strip 
of  land  taken  for  an  alley  an  amount  equal  to  that 
for  which  it  could  have  been  sold  in  the  open  marl^et, 
on  the  day  of  the  summons,  for  cash,  after  reason- 
able time  taken  by  the  owner  to  make  the  sale. 
(Santa  Ana  v.  Brunner,  132  Cal.  235.) 

The  provision  of  this  section,  providing  for  com- 
pensation, "irrespective  of  any  benefit  from  any  im- 
provement proposed,"  is  not  limited  to  the  land  taken, 
but  also  to  the  land  uot  taken,  and  the  damages 
to  the  property  not  taken  must  be  fixed,  irrespective 
of  any  benefit  which  may  result  from  the  proposed 
improvement.  (San  Bernardino  etc.  Ry.  Co.  v.  Haven, 
94  Cal.  489,  29  Pac.  875.) 

The  provision  of  this  section,  prohibiting  any  de- 
duction from  the  damages  to  laud  not  taken  of 
the  amount  of  benefits  accruing  from  the  improve- 
ment to  such  land,  only  applies  to  "corporations  other 
than  municipal,"  and  does  not  apply  to  Individuals. 
(Moran  v.  Ross,  79  Cal.  549.  21  Pac.  958.) 

In  a  proceeding  by  a  railroad  corporation  to  con- 
demn land  for  its  road,  the  compensation  to  be 
awarded  the  owner  must  be  ascertained  irrespective 
of  any  benefit  that  will  accrue  to  the  remainder  of 
his  land  from  the  building  of  the  road.  (Paeiiic  Coast 
Ry.  Co.  V.  Porter,  74  Cal.  201,  15  Pac.  774.) 

An  act  requiring  commissioners,  in  assessing  the 
value  of  lands  sought  to  be  taken  by  a  railroad  com- 
pany, to  make  allowance  for  any  benefit  that  will 
accrue  to  the  person  whose  lands  are  taken,  is  valid. 
(San  Francisco  etc.  R.  R.  Co.  v.  Caldwell,  31  Cal. 
367.) 

The  increased  cost  of  irrigation  which  would  be 
caused  by  the  building  of  a  railroad  is  a  legitimate 
subject  of  inquiry  for  the  purpose  of  ascertaining 
the  damage  sustained  by  the  owner.  (San  Bernardino 
etc.  Ry.  Co.  v.  Haven.  94  Cal.  489,  29  Pac.  87.5.) 

A  county  is  not  a  municipal  corporation  within  the 


Art.  1,  §  14         CONSTITUTION  OF  1879.  40 

meaning  of  this  section.  (San  Mateo  v.  Coburn,  130 
Cal.   631,   63  Pac.  78.) 

Assessments.— An  assessment  upon  a  lot  adjacent 
to  a  street  to  pay  for  improvements  made  on  the 
street  cannot  be  maintained  when  the  lot  has  received 
only  an  injury  by  the  work  on  the  street;  and  there- 
fore in  no  case  can  the  owner  be  made  personally 
liable  for  anv  deficiency  after  the  lot  has  been  ex- 
hausted. (Creighton  v.  JIanson,  27  Cal.  613;  Taylor 
V.  Palmer,  31  Gal.  240;  Gaffney  v.  Gough,  30  Cal. 
104;  Coniff  v.  Hastings,  30  Cal.  292.  But  see  Walsh 
V.   Mathews,   29   Cal.   124.) 

Benefits  for  street  improvements  accrue  to  the  land 
and  not  to  the  buildings.  (Appeal  of  Piper,  32  Cal. 
530.) 

The  so-called  "front-foot"  method  of  assessment 
for  street  improvements  has  been  many  times  up- 
held in  this  state.  (Chambers  v.  Satterlee,  40  Cal. 
407;  Hadley  v.  Dague.  130  Cal.  207,  02  Pac.  500; 
Cohen  v.  Alameda,  124  Cal.  504,  57  Pac.  377;  Emery 
V.  San  Francisco  etc.  Co.,  28  Cal.  345;  Emery  v. 
Bradford.  29  Cal.  75;  Taylor  v.  Palmer,  31  Cal.  240; 
Whiting  V.  Quac-kenbush,  54  Cal.  300;  Whitin-  r. 
Townsend,  57  Cal.  515;  Lent  v.  Tillson,  72  Cal.  404, 
14  Pac.  71:  .Jennings  v.  Le  Breton.  80  Cal.  8,  21  Pac. 
1127;  San  Francisco  etc.  Co.  v.  Bates,  22  Cal.  Dec.  302; 
Banaz  v.  Smith.  21  Cal.  Dec.  735.) 

Considerable  doubt  was  cast  upon  the  correctness 
of  these  decisions  by  the  decision  of  the  United 
States  supreme  court  in  Norwood  v.  Baker,  172  U. 
S.  269,  19  Sup.  Ct.  Bep.  187.  but  the  doctrine  of  these 
cases  has  been  since  sustained  by  the  decision  of  that 
court  in  Tonawauda.  v.  Byon,  181  U.  S.  389,  21  Sup.  Ct. 
Rep.  609. 

An  assessment  for  a  street  improvement  upon  the 
front-foot  system  is  an  exorcise  of  the  power  of  taxa- 
tion, and  not  of  eminent  domain.  (Emery  v.  San 
Francisco  etc.  Co.,  28  Cal.  345.) 

Benefits  may  be  assessed  In  the  ratio  of  their 
value.     (Appeal  of  Piper,  32  Cal.  530.) 

An  assessiiK-nt  ujion  an  assessment  district  is  valid. 
(Appeal  of  IMpei-,  32  Cal.  5:?0.) 

Jury.— The  right  of  trial  by  jury  in  cases  of  emi- 
nent domain  did  not  exist  prior  to  tlio  new  constitu- 


41  CONSTITUTION  OF  1879.     Art.  I,  §§  15,  IG 

tion.  (Koppikus  v.  State  Capitol  Commrs.,  16  Cal. 
248;  People  v.   Blake,  19  Cal.  579.) 

Police  power.— The  police  power  will  not  authorize 
the  state  to  take  private  property  for  public  use 
without  compensation,  when  such  property  can  be 
conflenined  and  paid  for.  (People  v.  Elk  etc.  Co., 
107  Cal.  221.  40  Pac.  531.) 

This  provision  does  not  prevent  the  legislature  from 
prohibiting  the  conducting  of  offensive  trades  within 
the  limits  of  a  city.     (Ex^parte  Shrader,  33  Cal.  279.) 

Sec.  15.  No  person  shall  be  imprisoned  for  debt 
in  any  civil  action,  on  mesne  or  final  process, 
unless  in  cases  of  fraud,  nor  in  civil  actions  for 
torts,  except  in  cases  of  willful  injury  to  person 
or  property;  and  no  person  shall  be  imprisoned 
for  a  militia  fine  in  time  of  peace. 

IMPRISONMENT  FOB  DEBT.— An  assault  and 
battery  is  not  a  case  of  fraud  within  the  meaning 
of  this  provision.     (Ex  parte  Trader,  6  Cal.  239.) 

In  a  suit  to  recover  money  received  by  a  person 
as  agent,  such  agent  cannot  be  arrested  without 
showing  some  fraudulent  conduct  on  his  part,  or  a 
demand  on  him  by  the  principal  and  a  refusal  to 
pay.     (In  re  Holdforth,  1  Cal.  438.) 

The  proceedings  for  the  settlement  of  an  estate 
are  not  a  civil  action  within  the  meaning  of  this 
section.     (Ex  parte  Smith,  53  Cal.  204.) 

Nor  is  money  in  the  hands  of  an  executor  a  "debt" 
within  the  meaning  of  this  section.  (Ex  parte  Smith, 
53  Cal.  204.) 

Sec.  16.  No  bill  of  attainder,  ex  post  facto 
law,  or  law  impairing  the  obligation  of  contracts, 
shall  ever  be  passed. 

IMPAIRING    OBLIGATION    OF    CONTRACTS— 

Contract. — A  liQuor  license  is  not  a  contract  within 
the  meaning  of  this  section,  and  may  be  revoked  at 
any  time.    (Hevren  v.  Reed,  120  Cal.  219,  58  Pac.  536.) 


Art.  I,  §  IG        CONSTITUTION  OF  1879.  42 

No  person  has  a  vested  right  to  an  unenforced 
penalty;  and  if  such  a  penalty  is  reduced  to  judg- 
ment, the  judgment  will  be  reversed  upon  appeal,  if, 
pending  the  appeal,  the  statute  imposing  the  penalty 
is  repealed.  (Anderson  v.  Eyrnes,  122  Oal.  272,  &4 
Pac.  821.) 

As  to  whether  or  not  the  charter  of  a  corporation 
Is  a  conti'act  within  the  meaning  of  this  provision, 
see  Spring  Valley  W.  W.  v.  San  Francisco,  61  Cal.  3. 

A  legislative  grant  of  property  to  a  municipal  cor- 
poration is  an  executed  contract,  and  as  such  within 
this  clause.     (Grogan  v.  San  Francisco,  18  Cal.  590.) 

The  risrht  to  practice  law  is  not  a  coutract.  (Cohen 
V.  Wright,  22  Cal.  293.) 

An  act  authorizing  tlie  contractor  to  sue  for  a 
street  assessment  is  a  contract.  (Creighton  v.  I'ragg, 
21   Cal.   115.1 

Judicial  decisions. — The  decisions  of  state  courts 
in  regard  to  general  rules  of  law,  although  they 
may  affect  contract  rights,  are  not  subject  to  the 
rule  laid  down  by  the  fedei'al  courts  that  a  judicial 
construction  of  a  statute,  so  far  as  contract  rights 
acquired  under  it  are  concerned,  becomes  a  part  of 
the  statute,  and  that  a  change  in  such  construction 
has  the  same  effect  on  contracts  as  a  legislative 
amendment.  (Alferitz  v.  Borgwardt,  12G  Cal,  201,  58 
Pac.   400.) 

The  decision  holding  that  a  chattel  mortgage  vests 
the  title  in  the  mortgagee  was  not  a  judicial  con- 
struction of  section  1888  of  the  Civil  Code,  whicli 
was  overlooked  by  the  court,  and  does  not  fall  within 
the  rule  of  the  federal  courts  that  coutract  rights 
acquired  under  a  judicial  construction  of  a  statute 
by  a  state  court  will  be  governed  thereby,  and  can- 
not be  afCected  by  a  subsequent  change  in  such  con- 
struction. (Alferitz  v.  Borgwardt,  12G  Cal.  201,  58 
Pac.  400.) 

Decisions  declaring  that  a  conveyance  absolute  in 
form,  but  intended  as  security,  did  not  pass  the  legal 
title,  cannot  bo  considered  as  forming  part  of  a  con- 
veyance executed  after  such  decisions  and  before  they 
were  overruled.  (Allen  v.  Allen,  95  Cal.  184,  30  Pac. 
213.) 


43        .  coxsTiTUTioN  OF  1879.        Art.  I,  §  16 

Impairing  the  obligation. — Impairing  the  obliira- 
tion  of  other  things  than  contracts  is  not  prohibited. 
(Robinson  v.   Magee,   9  Cal.  81.) 

A  valid  contract  cannot  be  abrogated  by  the  adop- 
tion of  a  new  constitution,  any  more  than  it  can  be 
by  the  enactment  of  a  law  by  the  legislature.  (Ede  v. 
Knight,   93   Cal.   159,  28  Pac.  860.) 

An  act  destroying  the  legal  remedy  upon  a  con- 
tract impairs  the  obligation  of  the  conti'act.  (Bates 
V.  Gregory,  89  Cal.  387,  26  Pac.  891;  Robinson  v. 
Magee.  9  Cal.  81;  Creighton  v.  Pragg,  21  Cal.  115; 
Thorne  v.  San  Francisco,  4  Gal..  127.) 

The  legislature  may  alter  or  change  the  remedy, 
provided  the  right  is  not  materially  affected;  but 
whenever  the  remedy  is  so  far  altered  as  to  impair, 
destroy,  change,  or  render  the  right  scarcely  worth 
pursuing,  the  obligation  of  the  contract  upon  which 
the  right  Is  founded  is  impaired.  (Smith  v.  Morse, 
2  Cal.  524.) 

The  constitution  does  not  inhibit  all  legislation  in 
respect  to  contracts,  but  only  forbids  the  impairing 
of  tlieir  obligation.     (Thornton  v.  Hooper,  14  Cal.  9.) 

Tlie  legislature  cannot,  after  a  contract  is  made, 
change  its  terms,  or  authorize  a  performance  different 
from  that  prescribed  in  the  contract.  (McGee  v.  San 
Jose,  68  Cal.  91.  8  Pac.  641.) 

Contracts  with  state,  counties  and  cities. — A  state 
can  no  more  impair  the  obligation  of  a  contract  made 
by  it  with  an  individual  than  a  contract  between 
two  citizens.     (Floyd  v.  Blanding,  54  Cal.  41.) 

An  act  extinguisliing  the  debts  of  a  city  is  void. 
(Smith  V.  Morse,  2  Cal.  524.) 

An  act  ratifying  an  ordinance  of  the  city  and 
county  of  San  Francisco  transferring  all  of  the  prop- 
erty of  the  city  to  the  "Commissioners  of  the  Sink- 
ing Fund,"  and  thus  placing  it  beyond  the  reach  of 
the  city's  creditors,  is  void.  (Smith  v.  Morse,  2  Cal. 
524.) 

When  bonds  of  a  city  are  issued  and  accepted  by 
the  creditors  of  the  city  under  a  statute  requiring 
an  annual  levy  of  taxes  in  payment  thereof,  the  con- 
tract is  made  as  solemn  and  binding  and  as  much 
beyond  subsequent  legislation  as  It  would  have  been 
if  made  between  private  persons.     (Meyer  v.  Bryan, 


Art.  I,  §  1(5         CONSTITUTION  OF  1879.  44 

65  Cal.  583.  26  Pae.  281;  Bates  v.  Porter,  74  Cal.  224, 
15  Pac.  732.^ 

Where  creditors  of  a  city,  under  the  act  of  18."il, 
creatintr  the  board  of  fund  commissioners  of  San 
Francisco,  surrendered  the  old  indebtedness  and 
took  a  new  security,  bearinsr  a  different  rate  of  in- 
terest, the  act  entered  into  the  contract,  and  cannot 
be  amended  so  as  to  impair  or  destroy  the  risrhts 
of  the  parties  under  the  contract.  (People  v.  Woods, 
7  Cal.  57f);  People  v.  Bond,  10  Cal.  563.) 

The  act  to  authorize  the  funding  of  the  floating; 
debt  of  San  Francisco  is  a  contract,  and  its  obliga- 
tions cannot  be  imj>aired  by  amendments,  but  new 
provisions  may  be  added,  provided  the  riahts  of  cred- 
itors are  not  injuriously  affected.  (Thornton  v. 
Hooper,  14  Cal.  9;  Babcock  v.  Middleton,  20  Cal.  6-13  > 

As  a  general  rule,  a  provision,  whether  made  by 
a  state  or  a  corporation,  to  meet  its  debts  or  en- 
gagements, may  be  regarded  as  only  a  means  of 
executing  its  own  policy  or  transacting  its  own  busi- 
ness, and  may  be  altered  or  repealed  at  pleasure. 
(San   Francisco  v.   Beideman.   17   Cal.   443.) 

An  act  providing  for  the  payment  of  the  debts  of 
a  county  by  refunding  is  not  void,  as  the  creditor 
had  no  remedy  against  the  county  which  could  be 
impaired.     (Ilunsaker  v.  Borden.  5  Cal.  288.) 

The  legislature  cannot  devest  the  right  of  a  party 
to  liave  a  county  warrant  paid  Avheu  that  right  is 
complete,  vested,  and  determined.  (Laforge  v. 
Magee,  6  Cal.  (wO.) 

A  statute  requiring  all  persons  holding  certain 
county  warrants  to  present  them  for  registry  before 
a  certain  date  or  be  forever  barred  from  euforcinsr 
the  payment  thereof,  adds  a  new  condition  to  the 
contract,  and  therefore  impairs  its  obligation.  (Rob- 
inson V.   Magee.  0   Cal.   81.^ 

This  provision  relates  solely  to  contracts  between 
individiials  ;ind  not  to  contracts  between  individuals 
and  tlie  state,  because  the  state  cannot  be  sued. 
(Myers  v.  Englisli.  9  Cal.  311.  But  see  23  Am.  & 
Eng.  Kncy.  of  I^aw,  1st  ed.,  79.) 

An  act  authorizing  a  county  to  fund  Its  outstand- 
ing Avarnints.  wliicli  wcie  not  to  draw  inter(>st,  and 
to  make  the  bonds  given  in  exchange  therefor  bear 


45  CONSTITUTION  OF  1879.        Art.  I,  §  IG 

interest,  is  not  unconstitutional.    (Chapman  v.  Morris, 
28  Cal.  393.) 

A  law  for  the  funding  of  the  debts  of  a  county  is 
valid,  for  the  county  cannot  be  sued  except  by  con- 
sent of  the  state,  and  that  consent  can  be  granted 
upon  anv  terms  the  state  sees  fit  to  impose.  (Sharp 
V.   Contra  Costa  Co.,  34  Cal.  284.) 

But  while  the  state  and  its  legal  subdivisions  can- 
not be  compelled  to  perform  their  contracts,  the 
state  cannot  annul  them.  Therefore,  an  act  creating 
funding  commissioners  and  providing  that  no  claim 
against  the  county  shall  be  valid  unless  presented 
to  and  allowed  bv  the  commissioners  is  void.  (Rose 
V.  Estudillo,  39  Cal.  270.) 

The  legislature  cannot  require  the  creditors  of  a 
county  to  surrender  their  evidences  of  indebtedness, 
and  accept  new  ones  in  different  terms,  but  it  may 
refuse  to  provide  funds  to  pay  any  portion  of  the 
old  indebtedness,  unless  the  creditor  will  accept  such 
new  indebtedness.     (People  v.  Morse,  43  Gal.  534.) 

Retrospective  statutes.— It  is  to  be  presumed  that 
no  statute  is  to  operate  retrospectively,  unless  the 
contra rv  clearlv  appears.  (Pignaz  v.  Burnett,  119 
Cal.  157,  51  Pac.  48.) 

A  retrospective  statute  is  void  only  when  it  de- 
prives a  person  of  some  vested  right,  secured  either 
by  some  constitutional  guaranty,  or  protected  by  the 
principles  of  natural  justice.  (Galland  v.  Lewis,  26 
Cal.  46.) 

A  law  making  certain  transfers  presumptively 
fraudulent  cannot  be  given  a  retrospective  effect. 
(Cook  V.  Cockins,  117  Cal.  140.  48  Pac.  1025.) 

Remedial  statutes. — Remedial  statutes,  which  are 
retrospective,  but  do  not  impair  contracts  or  disturb 
absolute  vested  rights,  and  only  go  to  confirm  rights 
alreadv  existing,  are  valid.  (Dentzel  v.  Waldie,  30 
Cal.  138.) 

The  legislature  may  legalize  defective  and  invalid 
assessments  of  taxes.  (People  v.  Holladay,  25  Cal. 
300.) 

Particular  statutes. — Where,  upon  the  death  of  the 
ancestor,  the  heirs  become  at  once  vested  with  the 
full  title  to  his  real  estate,  subject  only  to  certain 


Art.  I,  §  IG         CONSTITUTION  OF  1S79.  46 

liens  or  burdens,  the  legislature  cannot,  by  a  subse- 
quent enactment,  interfere  "with  sucli  vested  right 
by  authorizing  a  sale  of  the  property  by  an  exec- 
utor or  administrator  solely  for  the  benefit  of  the 
heirs.     (Estate  of  Pacl^er,  125  Cal.  300,  5<S  Pac.  .59.) 

A  law  reducing  the  percentage  payable  upon  re- 
demption, passed  after  the  sale,  is  void.  (Thresher 
V.  Atchison.  117  Gal.  73,  48  Pac.  1020.) 

A  law  imposing  more  onerous  conditions  upon  the 
right  to  redeem  from  a  tax  sale  than  those  which 
existed  when  the  sale  was  made  is  void.  (Teralta 
Land  etc.  Co.  v.  Shaffer,  116  Cal.  518,  48  Pac.  613.) 

The  legislature  may  reduce  the  time  within  which 
a  deed  must  be  made  by  a  tax  collector,  provided 
a  reasonable  time  is  allowed  in  which  to  obtain  the 
deed.     (Tuttle  v.  Block,  104  Cal.  443,  38  Pac.  109.) 

To  extend  the  time  for  redemption  is  to  alter  the 
substance  of  the  contract.  (Rollins  v.  Wright.  93 
Cal.  395,  29  Pac.  58;  Barnitz  v.  Beverly,  163  U.  S. 
lis,  16  Sup.  Ct.  Rep.  1042;  Haynes  v.  Tread  way,  22 
Cal.  Dec.  121;  Malone  v.  Roy,  22  Cal.  Dec.  514.'* 

A  statute  passed  after  the  making  of  a  contract, 
giving  a  right  of  redemption  from  an  execution  sale, 
is  unconstitutional.  (Thorne  v.  San  Francisco,  4  Cal. 
127.) 

An  act  taking  away  the  right  of  redemption  passed 
after  a  contract  of  indebtedness  has  been  entered 
into  and  after  it  has  been  reduced  to  .ludgment,  but 
before  the  sale,  is  valid.  (Tuolumne  Redemption  Co. 
v.  Sedgwick,   15  Cal.  515.) 

A  state  cannot  enact  an  insolvent  law  discharging 
the  obligations  of  contracts  made  out  of  the  state. 
(Lowenberg  v.  Leviue,  9.3'  Cal.  215,  28  Pnc.  941.) 

A  law  which  shortens  the  time  within  wliich  to  file 
a  notice  of  a  mechanic's  lien  may  constitutionally  bo 
made  to  apply  to  pending  cases  of  uncompleted  build- 
ings; provided,  an  adequate  and  availing  remedy  be 
left  to  enforce  the  lien.  (KorckhoCf-Cuzner  Mill  etc. 
Co.  V.  Olmstead.  85  Cal.  80,  28  Pac.  648.) 

A  law  providing  for  the  discharge  of  a  debt  con- 
tracted before  its  ado])tion  is  valid.  (Porter  v.  Inuis, 
79  Cal.  183,  21  Pac.  72!t.  But  see  16  Am.  &  Eng. 
Ency.  of  Law.  2d  ed.,  CKt.) 

Tlio  foiist ruction  of  section  4,  ar(icle'13,  of  the  con- 


47  CONSTITUTION  OF  1879.        Art.  I,  §  10 

stitntion.  so  tliat  it  makes  the  mortgasjee  of  a  mort- 
gage executed  prior  to  the  adoption  of  the  constitu- 
tion primarily  liable  for  the  taxes,  where  the  mort- 
gage makes  no  provision  on  the  subject,  does  not 
impair  the  obligation  of  the  contract.  (Hay  v.  Hill, 
65  Cal.  383,  4  Pac.  378;  McCoppen  v,  McCartney,  60 
Cal.  367.) 

To  give  section  5.  article  13,  of  the  constitution  a 
retrospective  operation,  would  be  impairing  the  obli- 
gation of  contracts.  (Beckman  v.  Skaggs,  59  Cal. 
541.) 

The  act,  commonly  known  as  the  Water  Lot  Act, 
providing  for  the  disposition  of  submerged  lands  and 
tixing  a  line  which  is  to  "remain  a  permanent  water- 
front," does  not  amount  to  a  contract  with  the 
grantees  of  the  land  that  the  waterfront  so  fixed 
shall  not  be  extended  or  otherwise  changed.  (Floyd 
V.  Blanding,  54  Cal.  41.) 

An  act  exempting  property  from  execution  after 
a  debt  is  contracted  is  void.  (Smith  v.  Morse,  2  Cal. 
524.) 

A.  law  changing  the  time  within  which  an  action 
must  be  brought  does  not  impair  any  vested  right, 
for  It  only  affects  the  remedy,  and  not  the  right 
(Billings  V.  Hall,  7  Cal.  1.) 

An  act  requiring  a  person  to  pay  for  improvements 
put  upon  his  land  by  a  trespasser  against  his  will 
does  not  impair  the  obligation  of  any  contract,  as 
the  individuals  forming  a  government  are  not  con- 
tractors with  such  government,  within  the  meaning 
of  this   section.     (Billings  v.   Hall,  7  Cal.  1.) 

An  act  maldng  void  prior  deeds,  unless  recorded 
in  accordance  tlierewith,  does  not  Impair  vested 
rights.     (Stafford  v.  Lick,  7  Cal.  479.) 

After  having  made  an  appropriation  In  view  of  a 
contemplated  contract  to  be  based  thereon,  and  such 
contract  is  made,  and  funds  to  meet  the  appro- 
priation are  received  into  the  ti-easury,  the  legisla- 
ture cannot  deprive  the  party  with  whom  the  con- 
tract is  made  of  such  funds  by  repealing  the  appro- 
priation.    (McCauley  v.  Brooks,  10  Cal.  11.) 

An  act  maldng  the  assessment  prima  facie  proof 
of  tlie  tax,  and  prohil)iting  the  defendant  from  set- 
ting  up  any   informality  in  the  levy  or  assessment 


Art.  I,  §  17         CONSTITUTION  OF  1879.  4S 

of  the  tax,  is  valid,  since  it  goes  merely  to  the  rem- 
edy.    (Teople  V.  Seymour,  16  Cal.  332.) 

An  act  requiring  litigants  to  take  the  oath  of  al- 
legiance is  valid.     (Cohen  v.  Wright,  22  Cal.  293.) 

The  "Specific  Contract  Act"  is  not  in  violation  of 
this  section.  (Galland  v.  Lewis,  20  Cal.  46;  Otis 
V.  Haseltine,  27  Cal.  80.) 

An  act  validating  powers  of  attorney  theretofore 
made  by  married  women  for  the  sale  of  their  sepa- 
rate property,  and  conveyances  made  by  attorneys  in 
fact  thereundei-,  is  valid.  (Dentzel  v.  "Waldie,  30  Cal. 
138.) 

The  legi^^lntnre  may  impose  on  debtors  the  obliga- 
tion to  pay  interest  after  the  passage  of  the  act  on 
.debts  already  due.     (Dunne  v.  Mastick,  50  Cal.  2-44.) 

An  ordinance  providing  that  no  liquor  license  shall 
be  granted  to  any  person  who  has  conducted  the 
business  of  selling  liquors  in  any  place  where  females 
are  eniplnvpfi  ]«  valid.  (Foster  v.  Police  Commrs., 
102  Cal.  183,  37  Tac.  703.) 

EX  POST  FACTO  LAWS.— A  law  changing  the 
forms  of  procedure  by  which  persons  accused  of 
crime  are  to  be  tried  for  offenses  committed  before 
the  law  Avas  passed  is  not  an  ex  post  facto  law. 
(People  V.  Mortimer.  40  Cal.  114.) 

A  crime  committed  before  tlie  adoption  of  the  con- 
stitution of  1879  may,  after  such  adoption,  be  prose- 
cuted bv  information.  (People  v.  Campbell,  59  Cal. 
243.) 

The  section  of  the  Pennl  Code  which  provides  that 
one  who  has  been  convicted  of  pitit  larceny,  who 
shall  again  commit  the  same  offense,  is  to  lie  deemed 
guilty  of  a  felony,  is  not  expost  facto,  wlien  applied 
to  one  who  committed  the  first  offense  prior  to  the 
taking  effect  of  tlie  provision.  (Ex  parte  Gutierrez, 
45  Cal.  429.) 

"Where,  after  the  commission  of  a  crime,  tlie  crime 
is  reduced  by  statute  from  a  felony  to  a  misdemeanor, 
such  statute  works  a  rejieal  of  the  former  law,  and 
sucli  crime  faiiiiot  be  iinnishcd  under  either  law. 
(People  v.  Ti^dale,  57  Cal.  104.) 

Soc.  17.  Foreigners  of  the  white  race,  or  of 
African   descent,   eligible   to   become   citizens   of 


49  CONSTITUTION    OF    ISl'J.  Alt.    I,    §  17 

the  United  States  under  the  naturalization  laws 
thereof,  while  bona  fide  residents  of  this  state, 
shall  have  the  same  rights  in  respect  to  the  ac- 
quisition, possession,  enjoyment,  transmission,  and 
inheritance  of  all  property,  other  than  real  es- 
tate, as  native-born  citizens;  provided,  that  such 
aliens  owning  real  estate  at  the  time  of  the  adop- 
tion of  this  amendment  may  remain  such  owners ; 
and  provided  further,  that  the  legislature  may,  by 
statute,  provide  for  the  disposition  of  real  estate 
which  shall  hereafter  be  acquired  by  such  aliens 
by  descent  or  devise.  [Amendment  adopted  No- 
vember 6,  1894.] 

[ORIGINAL  SECTION.] 
Sec.  17.  Foreigners  of  the  white  race  or  of  African 
descent,  eligible  to  become  citizens  of  the  United 
States  under  the  naturalization  laws  thereof,  while 
bona  fide  residents  of  this  state,  shall  have  the  same 
rights  in  respect  to  the  acquisition,  possession,  enjoy- 
ment, transmission,  and  inheritance  of  property  as 
native-born  citizens. 

ALIENS.— An  alien  is  not  eligible  to  an  office  in 
this  state.     (Walther  v.  liabolt,  30  Gal.  185.) 

By  the  common  law,  aliens  could  not  acquire  prop- 
erty by  descent  or  other  operation  of  law;  and  this 
section  only  removes  this  disability  from  those  who 
are  bona  tide  residents  within  the  state.  (Norris  v. 
Hoyt,  38  Cal.  217.) 

A  nonresident  alien  may  take  and  hold  property 
acquired  by  purchase  until  otfice  found.  (Norris  v. 
Hoyt,  18  Gal.  217.) 

An  act  permitting  nonresident  aliens  to  inherit 
real  and  personal  estate  is  valid.  (People  v.  Rogers, 
13  Gal.  159:  Estate  of  Billings,  65  Cal.  593,  4  Pac.  639; 
Lyons  v.  California,  67  Cal.  380,  7  Pac.  763.) 

Constitution—^ 


Alt.    I,    §§    18-20      CONSTITUTION   OF    1S79.  50 

This  provision  by  implication  excludes  nonresident 
aliens  from  the  rights  mentioned  in  this  section.  (Si- 
emssen  v.  Bofer,  6  Cal.  250.) 

This  section  prohibits  the  legislatux'e  from  depriv- 
ing resident  foreigners  of  any  of  the  rights  enjoyed 
by  native-born  citizens  with  respect  to  the  acquisi- 
tion, possession,  enjoyment,  transmission,  or  inherit- 
ance of  property.  (State  v.  Smith,  70  Cal.  153,  12 
Pac.  121.) 

Sec.  18.  Neither  slaver}''  nor  invokmtary  servi- 
tude, unless  for  the  punishment  of  crime,  shall 
ever  be  tolerated  in  this  state, 

SLAVERY.— Performance  of  work  upon  an  assess- 
ment for  repair  of  roads  is  not  such  involuntary 
servitude  as  is  contemplated  by  this  provision.  (In 
re  Dassler,  35  Kan.  678.) 

On  this  subject  generally,  see  In  re  Turner.  1  Abb. 
U.  S.  84;  Clark's  Case.  1  Blackf.  122,  12  Am.  Dec. 
213;  In  re  Sah  Quah,  31  Fed.  327;  U.  S.  Const.,  art.  13. 

Sec.  19.  The  right  of  the  people  to  be  secure 
in  their  persons,  houses,  papers,  and  effects, 
against  unreasonable  seizures  and  searches,  shall 
not  be  violated;  and  no  warrant  shall  issue,  but 
on  probable  cause,  supported  by  oath  or  affirma- 
tion, particularly  describing  the  place  to  be 
searched  and  the  persons  and  things  to  be  seized. 

SEARCH  WARRANTS.  —  The  legislature  has 
power  to  autluirize  the  issuance  of  a  warrant  to 
search  the  person  of  an  individual  in  a  proper  case. 
(Collins  V.  Lean,  (18  Cal.  284,  9  Pac.  173.) 

Sections  1458  to  1461  of  the  Code  of  Civil  Pro- 
cedure do  not  violate  this  section.  (Levy  v.  Superior 
Court,  105  Cal.  GOO,  38  Pac.  541.) 

Sec.  20.  Treason  against  the  state  shall  consist 
only  in  levying  war  against  it,  adhering  to  its 


51  CONSTITUTION  OF  1879.         Art.  I,   §  21 

enemies,  or  giving  them  aid  and  comfort.  Xo 
person  shall  be  convicted  of  treason  unless  on  the 
evidence  of  two  witnesses  to  the  same  overt  act, 
or  confession  in  open  court. 

TREASON.— The  constitutional  definition  of  treason 
in  the  United  States  con.stitution  cannot  be  restricted 
or  extended  by  Congress.  (United  States  v.  Great- 
honse.  2  Abb. 'u.  S.  364;  United  States  v.  Hanway, 
2  Wall.  Jr.  139.) 

As  to  treason  against  a  state,  see  People  v.  Lynch, 
11  Johns.  549:  Cliarge  to  Jury,  1  Story,  614. 

Tlie  constitutional  requirement  of  two  witnesses, 
etc.,  does  not  apply  to  the  preliminary  examination 
by  magistrate  or  grand  jury.  (United  States  v.  Han- 
way^ 2  Wall.  Jr.  138.) 

Sec.  21.  No  special  privileges  or  immunities 
shall  ever  be  granted  which  may  not  be  altered, 
revoked,  or  repealed  by  the  legislature;  nor  shall 
any  citizen,  or  class  of  citizens,  be  granted 
privileges  or  immunities  which,  upon  the  same 
terms,  shall  not  be  granted  to  all  citizens. 

EXCLUSIVE  PRIVILEGES.— Under  the  former 
constitution.  It  was  held  that  exclusive  privileges  and 
franchises  might  be  conferred  by  the  legislature 
upon  persons  or  coi'porations.  (California  State  Tel. 
Co.  V.  Alta  Tel.  Co.,  22  Cal.  398.)  But  this  decision 
was  overruled  in  San  Francisco  v.  Spring  Valley  W. 
W.,  48  Cal.  493,  517. 

The  legislature  may  deny  to  one  man  a  privilege 
extended  to  another.  The  constitution  is  violated 
only  when  a  privilege  extended  to  one  is  denied  to 
another  on  substantially  the  same  facts;  and  whether 
the  facts  of  a  particular  case  constitute  a  proper 
exception  to  the  general  law  is  for  the  legislature  to 
determine.  (People  v.  Twelfth  District  Court,  17  Cal. 
547.) 


Art.  I,   §  22         CONSTITUTION  OF  1879.  52 

An  orclinance  prohibiting  public  laundries  in  desig- 
nated parts  of  a  city  is  not  in  violation  of  this  sec- 
tion.    (In  re  Hang  Kie,  G9  Cal.  149,  10  Pac.  327.) 

An  ordinance  levying  a  license  tax  upon  all  slieep 
which  are  pastured  in  tlie  county,  except  sheep  listed 
as  taxable  property  In  the  county,  and  upon  wliich 
taxes  are  paid,  is  in  violation  of  this  section.  (Las- 
sen Co.  V.  Cone,  72  Cal.  3S7,  14  Pac.  100.) 

But  an  ordinance  requiring  all  persons  engaged  in 
the  business  of  raising,  graz'ng,  herding,  or  pastur- 
ing sheep  in  tlie  county  to  pay  an  annual  license  of 
fifty  dollars  for  every  thousand  sheep  is  not  in  vio- 
lation of  this  provision.  (Ex  parte  Mirande,  73  Cal. 
365,  14  Pac.  8S8.) 

A  law  providing  a  special  method  of  assessment 
and  collection  of  taxes  against  railroads  .situated  in 
more  than  one  county  is  not  in  violation  of  this  sec- 
tion. (I'eople  V.  Central  Pac.  R.  JL  Co..  105  Cal. 
57G,  38  Pac.  905.  Overruling  People  v.  Central  Pac. 
R.  R.  Co.,  83  Cal.  393,  23  Pac.  303.) 

An  act  making  it  a  misdemeanor  to  keep  open  a 
barber-shop  on  Sundays  or  other  holidays  is  in  vio- 
lation of  this  section.  (Ex  parte  Jeutzsch,  112  Cal. 
4G8,  44  Pac.  803  ) 

The  Primary  Election  L.aw  of  1899.  which  prohib- 
its the  election  of  delegates  to  a  convention  of  any 
political  party  not  representing  three  per  rent  of  the 
votes  cast  at  the  previous  election,  is  void.  (Britton 
V.  Board  of  Election  Comnirs.,  129  Cal.  ooT,  01  Pac. 
1115.  Per  Honshaw,  J.,  Van  Dyke,  J.,  and  McFar- 
land,  J.) 

The  provision  of  the  County  Government  Act  that 
no  supplies,  etc.,  sluill  be  purchased  for  the  county 
from  any  person  wlio  has  not  had  a  business  in  the 
county  for  a  year  prior  to  the  purcliase  is  in  viola- 
tion of  this  section.  (Van  Ilarliugeu  v.  Doyle,  22 
Cal.  Dec.  35G.) 

Sec.  22.  The  provisions  of  this  constitution  are 
mandatory  and  prohibitory,  unless  by  express 
words  they  are  dechired  to  be  otherwise. 


53  CONSTITUTION  OP  1879.       Art.  I,  §§  23,  24 

MANDATORY  AND  PROHIBITORY.— As  to  the 

Dieanins"  of  this  provision,  see  Matter  of  Magnire,  57 
Cnl.  004. 

Notwithstanding  this  section,  where  a  provision  of 
the  constitutioA  is  expressly  made  peruiissive,  as  by 
the  use  of  the  word  "may,"  it  will  not  be  deemed  man- 
datory. (Fresno  Nat.  Bank  v.  Superior  Court,  83  Cal. 
491,  24  Pac.  157. j 

Section  5,  article  11,  of  the  constitution,  is  manda- 
tory. (Knight  V.  Martin,  128  Cal.  245,  GO  Pac.  849; 
Dwyer  v.  Parker,  115  Cal.  544,  47  Pac.  372.) 

Section  19,  article  11,  of  the  constitution  is  manda- 
tory. (McDonald  v.  Pattei'son,  54  Cal.  245;  Pereria 
V.  Wallace,  129  Cal.  397,  G2  Pac.  Gl.) 

Sec.  23.  This  enumeration  of  rights  shall  not 
be  construed  to  impair  or  deny  others  retained 
by  the  people. 

IMPLIED  RIGHTS.— The  Primary  Election  Law 
of  1899,  which  allows  members  of  one  political  party 
to  vote  for  delegates  to  the  party  convention  of  an- 
other party,  is  void.  (Britton  v.  Board  of  Election 
Commrs.,  129  Cal.  337,  61  Pac.  1115.) 

Sec.  24.  No  property  qualification  shall  ever 
be  required  for  any  person  to  vote  or  hold  of- 
fice. 

PROPERTY  QUALIFICATION.— This  section  does 
not  apply  to  a  voter  in  a  reclamation  district.  (Peo- 
ple V,  Reclamation  Dist.  No.  551,  117  Cal.  114,  48 
Pac.  1016.) 


Art.  II,  §  ]         CONSTITUTION  OF  1879.  54 


AETICLE  11. 

RIGHT  OF  SUFFRAGE. 

§  1.    Who  are  and  who  are  not  electors. 

§  2.     Privileges  of  electors. 

§  2V^.  Primary  elections. 

§  3.     Militia  duty,  privilege  of  electors. 

§  4.    Residence  of  voters,  gained  or  lost. 

§  5.     Election  by  ballot. 

Section  1.  Every  native  male  citizen  of  the 
United  States,  every  male  person  who  shall  have 
acquired  the  rights  of  citizenship  under  or  by 
virtue  of  the  treaty  of  Qucretaro,  and  every  male 
naturalized  citizen  thereof,  who  shall  have  be- 
come such  ninety  days  prior  to  any  election,  of 
the  age  of  twenty-one  years,  who  shall  have  been 
resident  of  the  state  one  year  next  preceding  the 
election,  and  of  the  county  in  which  he  claims  his 
vote  ninety  days,  and  in  the  election  precinct 
thirty  days,  shall  be  entitled  to  vote  at  all  elec- 
tions which  are  now  or  may  hereafter  be  author- 
ized by  law ;  provided,  no  native  of  China,  no  idiot, 
no  insane  person,  no  person  convicted  of  any  in- 
famous crime,  no  jxtsou  licrcafter  convicted  of 
the  embezzlement  or  inisn]ipropriation  of  public 
money,  and  no  person  who  t^hall  not  be  able  to 


55  CONSTITUTION  OF  1879.         Art.  II,  §  1 

read  the  constitution  in  the  English  language 
and  write  his  name,  shall  ever  exercise  the 
privileges  of  an  elector  in  this  state;  provided, 
that  the  provisions  of  this  amendment  relative 
to  an  educational  qualification  shall  not  apply 
to  any  person  prevented  by  a  physical  disability 
from  complying  with  its  requisitions,  nor  to  any 
person  who  now  has  the  right  to  vote,  nor  to  any 
person  who  shall  be  sixty  years  of  age  and  up- 
wards at  the  time  this  amendment  shall  take  ef- 
fect.    [Amendment  adopted  November  6,  1894.] 

[ORIGINAL  SECTION.] 
Section  1.  Every  native  male  citizen  of  the  United 
States,  every  male  person  who  shall  have  acquired 
the  rights  of  citizenship  under  or  by  virtue  of  the 
treaty  of  Qneretaro,  and  every  male  naturalized  citi- 
zen thereof,  who  shall  have  become  such  ninety  days 
prior  to  any  election,  of  the  age  of  twenty-one  years, 
Avho  Shan  have  been  a  resident  of  the  state  one  year 
next  preceding  the  election,  and  of  the  county  in 
which  he  claims  his  vote  ninety  days,  and  in  the  elec- 
tion precinct  thirty  days,  shall  be  entitled  to  vote  at 
all  elections  which  are  now  or  may  hereafter  be  au- 
thorized by  law;  provided,  no  native  of  China,  no 
idiot,  insane  person,  or  person  convicted  of  any  in- 
famous crime,  and  no  person  hereafter  convicted  of 
the  embezzlement  or  misappropriation  of  public  mon- 
ey, shall  ever  exercise  the  privileges  of  an  elector  in 
this  state. 

RIGHT  OF  SUFFRAGE.— When  Congress  admit- 
ted California  as  a  state,  the  constituent  members 
of  the  state,  in  their  aggregate  capacity,  became 
vested  with  the  sovereign  powers  of  government  "ac- 
cording  to   the  principles  of   the  constitution,"  and 


Alt.  II,  §  1         coxsTiTUTiON  OF  1879.  5G 

had  the  ri;;ht  to  prescribe  the  qualifications  of 
electors.      (People   v.    De   la   Guerra,   40   Gal.  311.) 

It  was  no  violation  of  the  ninth  article  of  the 
treaty  of  Guadalupe  Hidalgo  that  the  qualifications 
of  electors,  as  prescribed  in  the  constitution  of  Cali- 
fornia, were  such  as  to  exclude  some  of  the  inhabi- 
tants from  certain  political  rights.  (People  v,  De  la 
Guerra,  40  Cal.  311.) 

The  elective  franchL'^e  is  not  one  of  the  privileges 
of  citizens  secured  by  the  fourteenth  amendment,  nor 
is  the  power  of  the  state  to  determine  the  class  of 
inhabitants  who  may  vote  within  her  limits  curtailed 
by  that  amendment;  and  the  only  limitation  con- 
tained in  the  fifteenth  amendment  is  that  the  state 
cannot  discriminate  on  account  of  race,  color,  or  pre- 
vious condition  of  servitude;  but  the  power  of  ex- 
clusion upon  all  other  gi'ounds,  including  that  of  sex, 
remains  intact.  (Van  Valkenburg  v.  Brown,  43  Cal. 
43.) 

The  legislature  cannot  add  any  essential  to  the  con- 
stitutional definition  of  an  elector.  (Bergevin  v. 
Curtz.  127  Cal.  8G,  59  Pac.  312.) 

A  person  may  be  an  elector  althoiigh  not  a  regis- 
tered voter.  (Bergevin  v.  Curtz,  127  Cal.  80,  oO  Pac. 
312.) 

Registration  is  not  a  qualification  of  an  elector, 
and  cannot  add  to  the  qualifications  fixed  by  the  con- 
stitution: but  it  is  to  be  regarded  as  a  reasonable  reg- 
ulation by  the  legislature  for  tlie  purpose  of  ascer- 
taining who  are  qualified  electors  in  order  to  prevent 
illegal  voting.  (Bergevin  v.  Curtz,  127  Cal.  8G,  59 
Pac.  312.) 

A  primary  election  is  an  election  "authorized  by 
law."  within  the  meaning  of  this  section,  and  ll-.e  pro- 
visions thereof,  defining  tlie  qualllications  of  electors, 
are  controlling  in  determining  the  right  to  vote  at 
such  elections,  and  such  riglit  can  neitlier  be  enlargod 
nor  curtailed  bv  tlio  legislature.  (Spier  v.  Baker,  120 
Cal.  370,  52  Pac.  (559.) 

A  provision  of  the  Primary  Election  Law^  that  all 
native-born  (.itizeiis.  Mho  since  the  last  general  elec- 
tion hav(>  become  of  legal  age.  and  who  have  been 
leg;il  residents  of  the  county  thirty  days  prior  to  the 
ele<tion,  as  well  as  all  citizens  who  have  become  such 


57  CONSTITUTION  OF  1879.         Art.  II,  §  2 

I)y  naturalization  since  the  last  general  election,  and 
Avho  liave  been  residents  as  aforesaid,  sliall  be  on- 
titled  to  vote.  Is  an  eularsement  of  the  constitutional 
rig-lit  of  suffrage  and  void.  (Spier  v.  Baker,  120  Cal. 
370,  52  Pac.  G59.) 

A  provision  of  the  Primary  Election  Law,  that  no 
person  shall  vote  at  primary  elections  whose  name 
does  not  appear  upon  the  last  great  register,  or  sup- 
plements thereto,  curtails  the  right  of  suffrage,  and 
is  void.  (Spier  v.  Balder,  120  Cal.  370,  52  Pac.  659.) 
This  section  does  not  apply  to  a  voter  in  a  recla- 
mation district.  (People  v.  Reclamation  Dist.  No. 
551,  117  Cal.  114,  48  Pac.  lOlG.) 

"  The  provision  of  the  Political  Code  that,  when  a 
voter  erases  the  name  of  a  candidate  without  sub- 
stituting another,  the  vote  must  be  coitnted  for  the 
candidate  whose  name  is  erased,  unless  the  words 
"no  vote"  are  written  after  the  name  erased,  is  not 
unconstitutional,  as  prescribing  an  educational  quali- 
fication for  the  voter,  or  destroying  the  secrecy  of  the 
ballot.  (Eutledge  v.  Crawford,  91  Cal.  52G,  27  Pac. 
779.) 

A  person  born  in  a  foreign  state,  whose  father  was 
once  a  citizen  of  the  United  States,  but  renounced 
his  allegiance  before  the  birth  of  such  person,  is  not 
a  citizen  of  the  United  States.  (Browne  v.  Dexter, 
CO  Cal.  39.  4  Pac.  913.) 

The  legislatui'e  has  no  power  to  authorize  electors 
to  give  their  votes  at  any  place  outside  of  the  county 
or  district  in  which  they  have  had  a  legal  residence 
for  thirtv  days  previous  to  the  election.  (Bourland 
V.  Hildreth.  26  Cal.  161.) 

An  act  providing  for  taking  the  votes  of  the  elec- 
tors of  the  state,  who  are  in  the  military  service  of 
the  United  States,  outside  of  the  county  of  their  legal 
residence,  to  be  returned  to  the  secretary  of  state. 
and  counted  in  the  counties  of  the  legal  residence  of 
the  electors,  is  void.  (Bourland  v.  Hildreth,  26  Cal. 
161;  Day  v.  J  cues,  31  Cal.  261.) 

Sec.  2.  Electors  shall  in  all  cases,  except  trea- 
son, felony,  or  breach  of  the  peace,  be  privileged 
from  arrest  on  the  days  of  election,  during  their 


Art.    II,    §  2V2       CONSTITUTION  OF   1S79.  5S 

attendance  at  such  election,  going  to  and  return- 
ing tlierefrom. 

Sec.  2^.  The  legislature  shall  have  the  power 
to  enact  laws  relative  to  the  election  of  delegates 
to  conventions  of  political  parties  at  elections 
known  and  designated  as  primary  elections.  Al- 
so to  determine  the  tests  and  conditions  upon 
which  electors,  political  parties,  or  organizations 
of  voters,  may  participate  in  any  such  primary 
election,  which  tests  or  conditions  may  be  dif- 
ferent from  the  tests  and  conditions  required 
and  permitted  at  other  elections  authorized  by 
law;  or  the  legislature  may  delegate  the  power 
to  determine  such  tests  or  conditions,  at  primary 
elections,  to  the  various  political  parties  partici- 
pating therein.  It  shall  also  be  lawful  for  the 
legislature  to  prescribe  that  any  such  primary 
election  law  shall  be  obligatory  and  mandatory  in 
any  city,  or  any  city  and  county,  or  in  any  county, 
or  in  any  political  subdivision,  of  a  designated 
population,  and  that  such  law  shall  be  optional 
in  any  city,  city  and  county,  county,  or  political 
subdivision  of  a  lesser  population,  and  for  such 
purpose  such  law  may  declare  the  population  of 
any  city,  city  and  county,  county,  or  political  sub- 
division, and  may  also  provide  what,  if  any,  com- 
pensation primary  election  officers  in  defined 
places  or  political  subdivisions  may  receive,  with- 
out making  compensation  eitlicr  general  or  uni- 
form.     [Amendment  adopted  November  G,  1900.] 


59  CONSTITUTION  OF  1879.      Art.  II,  §§3,4 

PRIMARY  ELECTIONS.— Prior  to  the  adoption  of 

this  amendment,  three  acts  regulating  primary  elec- 
tions were  passed  by  the  legislature,  each  of  which 
was  held  invalid  by  the  supreme  court. 

1.  Act  of  1895.— The  first  act  on  the  subject  was 
held  invalid  because  it  only  applied  to  counties  of 
the  first  and  second  class,  and  was  therefore  local 
and  special.  (Marsh  v.  Supervisors,  111  Cal.  368,  43 
Pac.  975.) 

2.  Act  of  1897.— The  second  act  on  the  subject 
was  held  invalid  on  the  following  grounds:  (a)  because 
it  enlarged  the  right  of  suffrage;  (b)  because  it  re- 
stricted the  right  of  suffrage;  (c)  because  certain 
portions  of  it  were  not  expressed  in  the  title  of  the 
act;  (d)  because  it  was  special,  in  that  it  discrimi- 
nated in  favor  of  and  against  certain  classes  and  in- 
dividuals.    (Spier  V.  Baker,  120  Cal.  o70,  52  Pac.  G59.) 

3.  Act  of  1899.— The  third  act  on  the  subject  was 
held  invalid  because  it  permitted  members  of  one  po- 
litical party  or  of  no  party  to  vote  for  delegates  to 
the  party  convention  of  another  party,  and  thus  took 
away  the  rights  of  self-control  and  self-preservation 
from  political  parties.  Three  of  the  justices  (Hen- 
shaw,  .T.,  Van  Dyke,  J.,  and  McFarland,  J.)  also  held 
It  invalid  because  it  prohibited  the  election  of  dele- 
gates to  a  convention  of  any  political  party  not  rep- 
resenting three  per  cent,  of  the  votes  cast  at  the  last 
election.  (Britton  v.  Board  of  Election  Commrs.,  129 
Cal.  337,  Gl  Pac.  1115.) 

Sec.  3.  Xo  elector  shall  be  obliged  to  perform 
militia  duty  on  the  day  of  election,  except  in 
time  of  war  or  public  danger. 

Sec.  4.  For  the  purpose  of  voting,  no  person 
shall  be  deemed  to  have  gained  or  lost  a  residence 
by  reason  of  his  presence  or  absence  while  em- 
ployed in  the  service  of  the  United  States,  nor 
while  engaged  in  the  navigation  of  the  waters 
of  this  state  or  of  the  United  States,  or  of  the 


Art.  II,  §  5         CONSTITUTION  OF  1870.  60 

hiffh  seas;  nor  while  a  student  at  anv  seminary 
of  learning;  nor  while  kept  at  any  almshouse  or 
other  asylum,  at  public  expense;  nor  while  con- 
fined in  any  public  prison. 

RESIDENCE.— This  proTision  does  not  preclude 
the  gaining  of  a  residence  for  tlie  purpose  of  voting 
by  soldiers,  college  students,  or  inhabitants  of  a  vet- 
erans' home,  upon  proof  of  their  intention  to  acquire 
a  domicile  in  the  county  of  which  they  are  inhabi- 
tants. (Stewart  v.  Kyser,  105  Cal.  459,  39  Pac.  19; 
People  V.  Holden,  2S  Cal.  123.) 

Presence  in  the  state  more  than  six  months  and  in 
the  county  more  than  thirty  days,  under  orders  as 
a  soldier  in  the  military  service  of  the  United  States, 
does  not  of  itself  entitle  a  person  to  vote.  (Devlin  v. 
Anderson,  38  Cal.  92.) 

This  section  does  not  authorize  an  act  providing 
for  the  taking  of  the  votes  of  electors  of  this  state,  in 
the  military  service  of  the  United  States,  outside  of 
the  counties  of  their  legal  residences.  (Bourland  v. 
Hildreth,  26  Cal.  ICl;  Day  v.  Jones,  31  Cal.  2G1.) 

Sec.  5.  All  elections  by  the  people  shall  be  by 
ballot  *  or  by  such  other  method  as  may  be  pre- 
scribed by  law ;  provided,  that  secrecy  in  voting  be 
preserved.  [All  after  *  added  by  amendment 
adopted  November  3,  1896.] 


Article  II,  Section  6. 

Sec.  6.  The  inhibitions  of  this  Constitution 
1o  tlie  conti'ary  notwithstanding?,  the  h>»j:islatnre 
.shall  have  power  to  provide  that  in  different 
parts  of  the  state  different  methods  may  be  em- 
ployed for  receiving  and  re^isterinpf  the  will  of 
the  people  as  expressed  at  elections,  and  may 
provide  that  mechanical  device^  may  be  used 
within  desij^nated  subdivisions  of  the  state  at  the 
option  of  the  local  authoi"ity  indicated  by  the 
Ic^ishiture  for  that  purpose.  (Amendment  adopt- 
ed Xov.Miihcr  4,  1902.) 


Ul  CONSTITUTION  or  1879.       Art.  Ill,   §  1 


ARTICLE  III. 
DISTRIBUTION  OF  POWERS. 
Section  1.  The  powers  of  the  government  of 
the  state  of  California  shall  be  divided  into  three 
separate  departments — the  legislative,  executive, 
and  judicial;  and  no  person  charged  with  the 
exercise  of  powers  properly  belonging  to  one  of 
these  departments  shall  exercise  any  functions  ap- 
pertaining to  either  ot  the  others,  except  as  in  this 
constitution  expressly  directed  or  permitted. 

DEPARTMEISTTS  OF  GOVEKNMENT.— Thn  de- 
partments mentioned  iu  this  section  are  the  depart- 
ments of  the  state  government,  and  not  the  local  ,2:ov- 
ernments  thereafter  to  be  created  by  the  legislatnre. 
(PeoDle  V.  Provines,  34  Cal.  520:  Stande  v.  Election 
Commrs..  61  Cal.  m?,:  TTolley  v.  Orange  Co.,  106  Cal. 
420,  39  Pac.  790.  Burgoyne  v.  Supervisors,  5  Cal.  9, 
and  cases  following  it.  overruled.) 

This  provision  does  not  place  either  departn^ent 
above  the  law.  nor  make  either  independent  of  the 
other.     (McCauley  v.  Brooks.  16  Cal.  11.) 

As  to  how  far  the  several  departments  are  inde- 
pendent of  each  other,  see  People  v.  Twelfth  District 
Court,  17  Cal.  547. 

Legislative  department. — The  distinction  between  , 
a  judicial  and  a  legislative  act  is.  that  the  former 
determines  what  the  law  is  and  what  the  rights  of 
the  parties  are,  with  reference  to  transactions  al- 
ready had,  and  the  latter  prescribes  what  the  law 
shall  be  in  future  cases  arising  under  it.  (People  v. 
Board  of  Education.  54  Ciil.  375.) 
Constitution— 6 


Art.  Ill,  §  1       CONSTITUTION  OF  1S79.  62 

Legislative  power  prescribes  rules  of  conduct  for 
the  governnient  of  the  citizen  or  subject,  while  judi- 
cial power  punishes  and  redresses  wrongs  growing 
out  of  rules  previously  established.  The  distinction 
lies  between  a  rule  and  a  sentence.  (Ex  parte  Shrad- 
er,  33  Cal.  279;  Smith  v.  Strother.  6S  Cal.  194,  S  Pac. 
8.52;  Wulzen  v.  Supervisors,  101  Cal.  15,  35  Pac.  353.) 

The  legislature  cannot  exercise  judicial  functions. 
(Guy  V.  Hermance,  5  Cal.  73.) 

An  act  providing  that  no  injunction  shall  issue 
against  commissioners  created  by  the  act  is  an  exer- 
cise of  judicial  functions,  and  void.  <Guy  v.  Her- 
mance, 5  Cal.  73.) 

The  election  of  officers  is  political,  and  may  be  ex- 
ercised by  both  the  legislative  and  executive  branches 
of  the  government.     (People  v.  Langdon,  8  Cal.  1.) 

To  audit  and  allow  the  claim  of  a  judgment  credi- 
tor against  a  city  is  not  the  exercise  of  a  judicial 
function.     (People  v.  Supervisors.  11  Cal.  207.) 

The  legislature  may  pass  a  special  law  directing  a 
court  to  transfer  an  indictment  for  mui'der  pending 
therein  to  another  court  for  trial.  (People  v.  Twelfth 
District  Court,  17  Cal.  547.) 

An  act  conferring  upon  boards  of  supervisors  pow- 
er to  try  a  contest  in  relation  to  the  office  of  county 
judge  is  void.     (Stone  v.  Elkins,  24  Cal.  125.) 

An  act  of  the  legislature  granting  a  new  trial,  or 
reopening  a  judgment  in  an  action  between  individu- 
als, Avould  be  an  assumption  of  judicial  power;  but 
an  act  allowing  a  judgment  in  favor  of  the  state  to 
be  reopened  would  not  be  invalid.  (People  v.  Fris- 
bie.  20  Cal.  135.) 

The  legislature  cannot  by  law  fix  the  assessed  val- 
ue of  property.     (People  v.  Hastings,  29  Cal.  449.) 

The  legislature  has  no  power  to  legalize  existing 
pleadings  substantially  defective,  without  first  re- 
quiring them  to  be  amended.  (People  v.  Mariposa 
Co.,  31  Cal.  19G.) 

An  act  determining  that  certain  trades  are  offen- 
sive is  not  an  exercise  of  judicial  power.  (Ex  parte 
Shrader,  33  Cal.  279.) 

An  act  to  validate  a  judgment  of  a  court  void  for 
want  of  jurisdiction  is  void.  (I'ryor  v.  Downey,  50 
Cal.  2SS.) 


03 


CONSTITUTION   OF    ISTO.  Alt.    Ill,    §  1 


As  to  whether  the  sale  of  the  property  of  a  minor 
is  a  matter  of  judicial  cognizance  exclusively,  see 
Patv  V.  Smith,  50  Cal.  153. 

An  act  prescribing  the  contents  of  a  complaint  to 
foreclose  a  street  assessment  is  not  a  usurpation  of 
judicial  functions.  (Whiting  v.  Townsend,  57  Cal. 
515.) 

The  action  of  a  board  of  education,  in  adoptmg  a 
series  of  readers  for  the  public  schools,  in  lieu  of  a 
series  previously  in  use.  is  an  exercise  of  legislative 
and  not  judicial  power.  (People  v.  Board  of  Edu- 
cation, 54  Cal.  375.) 

Judicial  department.— The  legislature  has  no  pow- 
er to  confer  other  than  judicial  functions  upon  the 
courts.  (Bnrgoyne  v.  Supervisors,  5  Cal.  9;  Harden- 
burgh  V.  Kidd,"  10  Cal.  402.) 

An  act  authorizing  the  judges  of  the  superior 
court  to  fix  the  salaries  of  the  official  reporters  of  the 
courts  is  void  as  Imposing  legislative  functions  upon 
the  judiciary.  (Smith  v.  Strother,  G8  Cal.  194,  8  Pac. 
852.) 

But  an  act  permitting  a  judge  to  fix  the  compensa- 
tion of  a  shorthand  reporter  after  the  services  are 
rendered  does  not  confer  legislative  power  upon  the 
judiciary.  (IMcAllister  v.  Hamlin,  83  Cal.  361,  23  Pac. 
357;  Stevens  v.  Truman,  127  Gal.  155,  59  Pac.  397.) 

An  act  conferring  upon  district  judges  the  power 
to  appoint  police  commissioners  is  not  in  conflict  with 
this  section.  (Staude  v.  Election  Commrs.,  Gl  Cal. 
313.) 

A  law  providing  for  the  change  of  names  of  cor- 
porations upon  petition  to  the  superior  court  is  not 
unconstitutional  as  delegating  legislative  power  to 
the  judiciary.  {^Matter  of  La  Societe  Francaise,  etc., 
123  Cal.  525,'  56  Pac.  458.) 

The  legislature  cannot  confer  nonjudicial  power  up- 
on the  judges  of  a  court  as  commissioners,  any  more 
than  upon  the  court  itself.  (Burgoyne  v.  Supervis- 
ors, 5  Cal.  9.) 

An  act  conferring  upon  the  courts  of  sessions  the 
entire  management  of  the  financial  business  of  the 
counties  is  void.  (Burgoyne  v.  Supervisors,  5  Cal.  9; 
Phelan  v.  San  Francisco,  6  Cal.  531;  Phelan  v.  San 
Francisco,  20  Cal.  39.) 


Art.   Ill,    §  1         CONSTITUTION  OF   1S79.  61 

An  act  providing  that  the  court  may  prescribe  by 
rule  what  shall  be  deemed  a  waiver  of  a  jury  trial 
is  in  violation  of  this  section.  (Exline  v.  Smith,  5 
Cal.  112.) 

The  judiciai'y  has  power  to  examine  into  the  action 
of  the  executive  in  surrendering  a  fugitive  from  jus- 
tice.    (In  re  Manchester,  5  Cal.  237.) 

The  legislature  cannot  confer  upon  the  county 
judge  power  to  call  an  election.  (Dickey  v.  Hurl- 
burt,  5  Cal.  343.) 

An  act  conferring  upon  the  county  court  power  of 
incorporating  towns  is  void.  (People  v.  Nevada,  6 
Cal.  143.) 

The  assessment  of  taxes  is  not  a  judicial,  but  a 
legislative,  function.  (Hardenburgh  v.  Kidd,  10  Cal. 
402.) 

The  duties  of  a  judge  in  a  proceeding  to  condemn 
land  are  judicial.  (Gilmer  v.  Lime  Point,  18  Cal. 
220.) 

The  legislature  may  declare  the  mayor  of  a  city 
to  be  ex  officio  a  justice  (.f  the  peace.  (Uridias  v. 
MoiTill,  22  Cal.  473.) 

The  chief  justice  of  the  supreme  court  is  prohibited 
by  this  section  from  exercising  the  functions  and  du- 
ties of  trustee  of  the  state  library.  (People  v.  Sand- 
erson, 30  Oal.  IGO.  But  see  People  v.  Provines,  34 
Cal.  520.) 

This  section  does  not  prohibit  a  police  judge  of  a 
city  from  performing  the  duties  of  police  commis- 
sioner.    (People  V.  Provines,  34  Cal.  520.) 

Executive  department. — The  power  of  appointment 
to  oflice  is  not  essentially  an  executive  function,  with- 
in the  meaning  of  this  section;  and  sucli  power  may 
be  exercised  by  the  members  of  the  legislature.  (Peo- 
ple V.  Freeman,  80  Cal.  233,  22  Pac.  173;  People  v. 
Langdon,  8  Cal.  1.) 

Tlie  power  to  levy  a  tax  is  purely  legislative,  and 
cannot  be  delegated  to  the  county  superintendent  of 
schools,  who  is  an  executive  officer.  (McCabe  v. 
Carpenter,  102  Cal.  400,  30  Pac.  830.) 

A  law  requiring  the  auditor's  certificate  that  there 
is  sufficient  nioni-y  in  llie  treasury  before  an  appro- 
priation is  made  is  valid,  and  does  not  vest  judicial 
f\mctions  in   a   minislerial    officer,     (lliggius  v.   San 


65  CONSTITUTION  OF  1879.       Art.  Ill,  §  1 

Diego  Water  Oo.,  118  Cal.  524,  45  Pac.  824.  50  Pac. 
670;  Pollok  v.  San  Diego,  118  Cal.  593,  50  Pac.  7G9.) 

A  law  conferring  power  upon  city  trustees  to  re- 
move a  municipal  officer  is  valid.  (Croly  v.  Sacra- 
mento, 119  Cal.  229,  51  Pac.  323.) 

An  act  giving  to  horticultural  commissioners  pow- 
er to  determine  whether  any  particular  place  is  a 
nuisance,  because  infected  with  insect  pests,  does 
not  confer  judicial  power  on  such  commissioners. 
(Los  Angeles  v.  Spencer,  12G  Cal.  670,  59  Pac.  202.) 

A  law  authorizing  the  high  school  board  to  furnish 
the  supervisors  with  an  estimate  of  the  amount  of  the 
tax  required,  but  leaving  it  to  the  supervisors  to  fix 
the  tax,  is  not  invalid  as  delegating  legislative  pow- 
ers to  an  executive  officer.  (People  v.  Lodi  High 
School  Dist,  124  Cal.  694,  67  Pac.  660.  McCabe  v. 
Carpenter,  102  Oal.  469,  36  Pac.  836,  distinguished.) 


Art-   IV  CONSTITUTION   OF   1879.  66 


ARTICLE  IV. 

LEGISLATIVE  DEPARTMENT. 

§     1.     Senate  and  assembly,  and  enacting  clause. 

§    2.     Sessions  of  legislature. 

§    3.    Election  and  terra  of  assemblymen. 

§    4.     Election  and  term  of  senators. 

§    5.     Number  and  classes  of  senators. 

§     6.     Senatorial  and  legislative  districts. 

§     7.    Organization  of  legislature. 

§    8.     What  number  constitutes  a  quorum. 

§     9.     Rules  for  their  government— Expulsions. 

§  10.     Each  house  to  keep  a  journal. 

§  11.    Privilege  of  members. 

§  12.     Vacancies,  how  tilled. 

§  13.     Open  doors  and  secret  sessions. 

§  14.     Adjournment,  how  long  and  where  to. 

§  15.     Origin  and  passage  of  bills. 

§  IG.  Approval  and  return  of  bills— Passage  over 
veto. 

§  17.     Impeachments,  presentment  and  trial  of. 

§  18.  What  officers  liable  to  impeachment— Judg- 
ment on. 

§  19.  Member  ineligible  to  office  created  during  the 
term. 

§  20.  Who  ineligible  to  office  under  state  govern- 
ment—Proviso. 

§  21.     Embezzlement  or  defalcation— Penalty  for. 

§  22.  I'ublic  moneys  and  accounts— Statement  of  re- 
ceipts and  expenditures. 


07  CONSTITUTION  OF  1879.        Art.  IV,  §  1 

§  23.     Compensation  not  to  be  increased  durinpr  term. 

§  24.  Title  of  laws— Revision  and  amendment- 
Publication  of. 

§  25.     Local  and  special  laws  prohibited. 

§  26.  Ix)tterios  prohibited — Purchase  and  sale  of 
shares  of  stock  to  be  regulated. 

§  27.     Congressional  and  senatorial  districts. 

§  28.     Elections  by  legislature  to  be  viva  voce. 

§  29.     General  appropriation  bill,  what  to  contain. 

§  30.  Restriction  on  appropriations  and  grants  of 
aid. 

§  31.  Credit  of  state  or  municipalities  not  to  be 
loaned. 

§  32.    Extra  compensation  to  officers  forbidden. 

§  33.  Charges  of  gas,  and  telegraph  corporations  to 
be  regulated. 

§  34.     Special  appropriation  bill,  restriction  as  to. 

§  35.     Lobbying  defined— Punishment  for. 

Section  1.  The  legislative  power  of  this  state 
shall  be  vested  in  a  senate  and  assembly,  which 
shall  be  designated  "The  Legislature  of  the  State 
of  California,"  and  the  enacting  clause  of  every 
law  shall  be  as  follows:  "The  People  of  the  State 
of  California,  represented  in  Senate  and  Assem- 
bly, do  enact  as  follows." 

LEGISLATIVE  POWEB.— The  legislature  has  the 
same  unlimited  power  of  legislation  which  resides  in 
the  British  parliament,  except  when  restrained  and 
limited  either  by  express  words  of  the  constitution 
or  by  necessary  implication;  and  its  power  cannot  be 
restrained  by  any  unnecessarv  implications.  (Mitch- 
ell V.  Winnels,  117  Cal.  520,  40  Pac.  579.) 

The  legislature  is  not  synonymous  with  the  law- 
making power,  and  does  not  include  the  governor  ex- 
cept as  applied  to  the  enactment  of  laws.  (Brooks  v. 
Fischer,  79  Cal.  173,  21  Pac.  652.) 


Art.  IV,  §  1        CONSTITUTION  OF  1879.  C8 

All  powers  of  any  of  the  departments  of  the  gov- 
ernment, not  disposed  of  or  distributed  by  the  consti- 
tution, are  left  at  the  disposal  of  the  legislature. 
(Ross  V.  Whitman,  G  Cal.  361.) 

The  legislature  is  not  controlled  as  to  its  powers 
or  the  mode  of  their  exercise  otherwise  than  by  thc^ 
restrictions  of  the  constitution.  (Hobart  v.  Supervis- 
ors, 17  Cal.  23;  People  v.  Seymour,  16  Cal.  332.) 

The  legislature  represents  the  independent  sover- 
eignty of  the  people  of  the  state,  and  is  supreme  and 
unlimited  in  all  legitimate  subject  matters  of  legis- 
lation, and  is  controlled  only  by  such  restrictions  as 
are  imposed  by  the  organic  law  of  the  state.  (Beals 
V.  Amador  Co.,  35  Cal.  024.) 

The  legislature  may  accept  a  private  bounty  for 
the  benefit  of  the  state,  although  such  bounty  influ- 
ences legislative  action.     (People  v.  Eigler,  .5  Cal.  23.) 

The  legislature  has  full  power. to  alienate  the  tide 
lands  of  the  state,  subject  only  to  the  riglit  of  the 
public  to  iise  them  for  the  purposes  of  navigation  and 
fishing.  (Oaliland  v.  Oakland  Water  Front  Co.,  118 
Cal.  160,  50  Pac.  277.) 

The  legislature  may  determine  whether  or  not  a 
certain  improvement  is  of  a  jiublic  nature,  and  the 
courts  will  not  interfere  with  this  detorminatiou.  uti- 
loss  it  is  palpably  and  entirely  for  private  benefit. 
(In  re  Madera  Irr.  Dist.,  02  Cal.  206,  28  Pac.  272; 
Ilagar  v.  Supervisors,  47  Cal.  222.) 

As  to  the  validity  of  acts  contrary  to  natural  jus- 
tice, see  People  v.  i'>igler.  5  Cal.  23. 

Exercise  of  power.— A  legislative  assembly  has  all 
the  i>owers  and  privileges  wliich  are  necessary  to 
the  proper  exercise,  in  all  res]iects.  of  its  appropriate 
functions.     (Ex  parte  McCartliy.  20  Oal.  305.) 

The  senate  hns  power  to  summon  Avitnesses  to  tes- 
tify concerning  a  cliarge  of  bribery  brouglit  against 
its  members.     dOx  ))arle  McCnrtliy.  20  Ciil.  ;!05.) 

The  legisl.'iture  may  comix  1  the  attendance  of  all 
persons  Avitliin  tlie  limits  of  their  constituency,  as 
witnesses,  in  regard  to  subjects  on  Miiich  tliey  have 
power  to  act  and  into  whicli  they  institute  an  inves- 
tigation.    (Kx  parte  McCarthy,  20  Cal.  305.) 

Witnesses  before  eitlier  brancli  of  the  legislature 
may  bo  compelled  to  testify  by  process  of  contempt. 
(Ex  parte  McCarthy,  20  C:il.  305.) 


C9  CONSTITUTION  OF  1S79.        Art.  IV,  §  1 

Delegation  of  power. — The  power  to  make  laws 
cannot  be  delegated  by  the  lesislatnre  to  the  people 
of  the  state,  or  to  any  portion  of  the  people.  (Ex 
parte  Wall,  48  Cal.  279.) 

The  legislature  has  no  power  to  refer  a  statute  to 
the  people  to  decide  by  a  popular  vote  whether  it 
shall  go  into  effect.     fEx  parte  Wall,  48  Cal.  279.) 

As  to  whether  the  legislature  may  confer  upon  the 
voters  of  a  covmty  directly  the  power  to  enact  laws, 
questioned  but  not  decided.  (Ex  parte  Anderson,  22 
Cal.  Dec.  377.) 

There  cannot  be  two  equal,  co-ordinate  law-making 
powers  within  the  same  territory,  each  existing  with- 
out any  restrictions  the  one  upon  the  other;  and, 
therefore,  a  law  empowering  the  voters  of  a  county 
and  also  the  board  of  supervisors  of  the  county  to 
enact  and  repeal  laws  on  the  same  subjects  is  in- 
valid.    (Ex  parte  Anderson.  22  Cal.  Dec.  377.) 

The  legislature  cannot  delegate  its  general  legis- 
lative functions,  but  it  can  authorize  others  to  do 
those  things  which  it  cannot  understandingly  or  ad- 
vantageously do  itself.  Thus,  it  can  delegate  to  the 
voters  of  a  county  power  to  select  a  county  seat. 
(Upham  V.  Supervisors,  8  Cal.  378.) 

But  laws  may  be  either  absolute,  dependent  upon 
no  contingency,  or  subject  to  conditions.  They  may 
take  effect  onlj^  upon  the  happening  of  events  which 
are  future  and  uncertain,  and.  among  others,  the  vol- 
untary act  of  the  parties  upon  whom  they  are  de- 
signed to  operate.     (Elanding  v.  Burr,  13  Cal.  343.) 

Thus,  a  provision  of  an  act  that  the  question  of 
the  issuance  of  bonds  shall  be  submitted  to  the  peo- 
ple is  valid.     (Blanding  v.  Burr,  13  Cal.  .343.) 

But  while  a  statute  may  be  conditional,  so  that  its 
taking  effect  may  depend  upon  a  subsequent  event 
which  may  be  named  in  it,  yet  this  event  must  be 
one  which  shall  produce  such  a  change  of  circum- 
stances that  the  law-makers,  in  their  own  judgment, 
can  declare  it  wise  that  the  law  shall  take  effect 
when  the  event  shall  occur.  (Ex  parte  W^all,  48  Cal. 
279.) 

An  act  authorizing  the  submission  to  the  people  of 
the  question  of  a  tax  for  an  improvement  is  valid, 
(Pattison  v.  Yuba  Co.,  13  Cal.  175.) 


Art.  IV,  §  1        CONSTITUTION  OF  1879.  70 

The  legislature  may  make  a  local  law  depend  for 
effect  upon  the  will  of  all  the  voters  of  a  locality,  or 
of  a  majority,  or  upon  the  assent  of  a  few.  as  in 
the  case  of  removal  of  capitols,  courthouses,  etc.,  up- 
on donations  or  other  advantages  received.  (Hobart 
V.  Supervisors.  17  Cal.  23.  But  see  Dickey  v.  Hurl- 
burt,  5  Cal.  343.  by  Heydenfeldt,  J.) 

The  legislature  cannot  delegate  its  power  to  fix 
water  rates.  (Spring  ^'alley  W.  W.  v.  San  Francis- 
co, 61  Cal.  3.) 

An  act  which  leaves  it  permissive  with  a  board 
whether  or  not  the  work  shall  be  done,  and  when 
and  where  taxes  shall  be  levied  for  the  same,  is  an 
unlawful  delegation  of  legislative  functions.  (Per 
McKee,  J.,  in  People  v.  Parks.  58  Cal.  G24,  641.) 

An  ordinance  proliibiting  the  alteration  or  repair 
of  any  wooden  building  within  certain  designated 
fire  limits,  without  permission  of  the  fire  wardens 
and  appi'oval  of  a  majority  of  the  committee  on  fire 
department  and  the  mayor,  is  not  an  unlawful  dele- 
gation of  legislative  functions.  (Ex  parte  Fiske,  72 
Cal.  125,  13  Pac.  310.) 

An  act  providing  for  forming  the  county  of  Orange 
out  of  part  of  the  county  of  I^os  Angeles,  upon  the 
assent  of  two-thirds  of  the  qualified  electors  of  the 
proposed  new  county,  is  not  a  delegation  of  legisla- 
tive power.  (People  v.  McFadden,  81  Cal.  489,  22 
Pac.  851.) 

Municipal  boards  can  delegate  only  duties  minis- 
terial in  character,  and  not  calling  for  the  exercise  of 
discretion.  (Ilolley  v.  Orange  Co.,  lOG  Cal.  420,  39 
Pac.  790.) 

Powers  conferred  upon  a  municipal  corporation,  in- 
volving tlie  excrcis(>  of  judgment  and  disci'etion.  are 
in  the  nature  of  public  trusts,  and  cannot  be  dele- 
gated.    (Scollay  V.  Butte  Co.,  07  Cal.  249,  7  Pac.  (Wll.) 

The  legislature  had  poAver  to  enact  tlie  act  of  1S91, 
to  ostablisli  law  libraries,  and  to  provide  that  coun- 
ties miglit  come  witliin  tlie  provisions  of  the  act,  as 
the  Ixtards  of  supervisors  of  tlie  respective  counties 
miglit  determine.  (Board  v.  Supervisors,  99  Cal.  571, 
34  I'ac.  244.) 

A  provision  of  tlie  County  Govei-nnient  Act  of  18R3, 
tli.it   (lie  boards  of  supcrvisoi's  of  counties  of  cert;iln 


71  CONSTITUTION  OF   1S79.  Art.   IV,    §  1 

designated  classes  may  allow  comity  officers  a  dep- 
uty whenever  in  the  opinion  of  such  board  the  salary 
of  such  officers  is  insufficient,  is  an  unlawful  delega- 
tion of  legislative  power.  (Dougherty  v.  Austin,  94 
Oal.  GOl,  28  Pac.  834;  People  v.  Johnson,  95  Cal.  471, 
SI  Pac.  611.) 

An  act  providing  that  a  board  of  harbor  commis- 
sioners may  impose  penalties  not  exceeding  five  hun- 
dred dollars  for  the  violation  of  the  rules  made  by 
them  is  a  delegation  of  legislative  functions.  (Har- 
bor Commrs.  v.  Eedwood  Co.,  88  Cal.  491,  26  Pac. 
375.) 

The  legislature  cannot  delegate  to  a  board  of  medi- 
cal examiners  the  power  of  declaring  what  acts  shall 
constitute  a  misdemeanor.  (Per  Patersou,  J.,  in  Ex 
parte  McNulty,  77  Cal.  164.  19  Pac.  237.) 

An  act  authorizing  a  commission  to  make  certain 
quarantine  rogulatious.  and  declaring  that  a  violation 
of  them  shall  be  a  misdemeanor,  is  an  imlawful  dele- 
gation of  legislative  power.  (Ex  parte  Cox,  63  Cal. 
21.) 

An  act  creating  a  state  board  of  equalization  and 
providing  that  such  board  shall  determine  the  rate 
of  taxation,  is  not  an  unlawful  delegation  of  legis- 
lative power.  (Savings  etc.  Soc.  v.  Austin,  46  Cal. 
415.     But  see  Houghton  v.  Austin.  47  Cal.  646.) 

An  act  which  submits  to  a  popular  vote  of  the 
electors  of  a  county  the  question  whether  certain  ter- 
ritory shall  be  annexed  thereto  is  valid.  (People  v. 
Nally,  49  Cal.  478.) 

Police  power.— The  police  power  will  not  authorize 
the  state  to  take  private  property  for  public  use  with- 
out compensation  when  such  property  can  be  con- 
demned and  paid  for.  (People  v.  Elk  River  etc.  Co., 
107  Cal.  221,  40  Pac.  531.) 

An  act  making  it  a  misdemeanor  to  keep  open  a 
barber-shop  on  Sundays  or  other  holidays  is  unrea- 
sonable. (Ex  parte  Jentzsch,  112  Cal.  468,  44  Pac. 
803.) 

The  state  has  authority  to  regulate  fisheries  within 
its  borders,  and  may  provide  the  places  as  well  as 
the  times  in  which  fish  may  be  taken,  and  may  make 
exclusive  grants  of  fisheries  in  designated  waters. 
<Heckman  v.  Swett,  107  Cal.  276,  40  Pac.  420.) 


Art.  IV,  §  1        CONSTITUTION  OF  1879.  72 

An  act  providing  for  a  bounty  on  coyote  scalps 
comes  witliin  the  purview  of  the  police  power.  (In- 
gram V.  Colgan.  106  Gal.  113.  38  Pac.  315,  39  Pac. 
437.) 

A  law  making  it  a  felony  to  sell  iiitoxicnting  liquor 
to  an  Indian  is  valid.  (People  v.  Bray,  105  Gal.  344, 
38  Pac.  731.) 

It  is  within  the  police  power  of  the  state  in  the 
protection  of  the  wild  game  of  the  state  to  prohibit 
the  sale  of  the  meat  of  any  wild  game  within  the 
Btate.     (Ex  parte  Maier.  103  Gal.  470,  37  Pac.  402.) 

It  io  not  competent  for  the  legislature  to  vest  in 
an  adjoining  proprietor  the  power  to  prevent  his 
neighbor  from  building  such  structure  on  his  own 
land  as  he  pleases,  provided  it  is  not  a  niiisnnce;  and 
it  is  not  a  nuisance  merely  because  it  obstructs  the 
passage  of  light  and  air.  But  the  legislature  may 
regulate  the  erection  of  division  walls  on  the  division 
line.  (Western  etc.  Go.  v.  Knickerbocker,  103  Gal. 
11  J.  37  Pac.  19::>.) 

An  act  to  prohibit  Ghinese  persons  from  coming 
into  the  state,  and  prescribing  terms  and  conditions 
upon  which  those  residing  in  the  state  shall  be  per- 
mitted to  remain  and  travel  thei'ein,  is  void.  (Ex 
parte  Ah  Cue,  101  Gal.  107,  35  Pac.  55G.) 

The  act  of  1801,  permitting  the  organization  and 
creation  of  sanitary  districts,  is  within  the  police 
power  of  the  state.  (Woodward  v.  Fruitvale  Sani- 
tary Dist.,  90  Cal.  554.  34  Pac.  239.) 

An  act  forbidding  the  sale  of  liquors  within  cer- 
tain distances  of  certain  named  educational  and  re- 
formatory institutions  is  a  valid  i^olice  reg^ylation. 
(Ex  parte  McClain,  01  Gal.  4.3(!.) 

It  is  within  the  police  power  of  the  state  to  au- 
thorize the  channel  of  a  river  to  be  turned  or  straight- 
ened.    (Green  v.  Swift,  47  Gal.  53(5.) 

The  legislature  has  no  power  to  declare  that  a 
physician  is  guilty  of  unprofessional  conduct  in  ad- 
vertising himself  as  a  specialist  in  certain  diseases, 
and  punishable  as  for  a  mis(lem(>anor.  (Per  Thorn- 
ton, .T.,  in  Ex  parte  McNulty,  77  Gal.  104,  19  Pac. 
237.) 


73  CONSTITUTION  OF  1879.     Art.  IV,  §§  2,  3 

Sec.  2.  The  sessions  of  the  legislature  shall 
commence  at  twelve  o'clock  M.  on  the  first  Mon- 
day after  the  first  day  of  January  next  succeeding 
the  election  of  its  members,  and,  after  the  elec- 
tion held  in  the  year  eighteen  hundred  and  eighty, 
shall  be  biennial,  unless  the  governor  shall,  in  the 
interim,  convene  the  legislature  by  proclamation. 
No  pay  shall  be  allowed  to  members  for  a  longer 
time  than  sixty  days,  except  for  the  first  session 
after  the  adoption  of  this  constitution,  for  which 
they  may  be  allowed  pay  for  one  hundred  days. 
And  no  bill  shall  be  introduced,  in  either  house, 
after  the  expiration  of  ninety  days  from  the  com- 
mencement of  the  first  session,  nor  after  fifty 
days  after  the  commencement  of  each  succeeding 
session,  without  the  consent  of  two-thirds  of  the 
members  thereof. 

INTRODUCTION  OF  BILLS.— After  the  fifty  days 
within  which  bills  may  be  introduced  have  expired, 
a  bill  pi'eviously  introduced  may  be  amended  in  the 
same  manner  as  before,  and  several  bills  may  be  con- 
solidated in  the  form  of  a  substitute.  (Hale  v.  Mc- 
Gettigan,  114  Cal.  112,  45  Pac.  1049.) 

If  the  legislative  journals  are  silent  upon  the  ob- 
servance of  any  constitutional  requirement  as  to  the 
passage  of  bills,  it  cannot  be  assumed  that  such  re- 
auirement  was  omitted  by  the  legislature.  (Hale  v. 
McGettigan,  114  Gal.  112,  45  Pac.  1049.) 

Sec.  3.  Members  of  the  assembly  shall  be  elected 
in  the  year  eighteen  hundred  and  seventy-nine, 
at  the  time  and  in  the  manner  now  provided  by 
law.     The    second   election   of   members   of   the 

Constitution— 7 


Art.  IV,  §§4,5  CONSTITUTION  OF  IS < 9.  74 

assembly,  after  the  adoption  of  this  constitution, 
shall  be  on  the  first  Tuesday  after  the  first  Mon- 
day in  JSTovember,  eighteen  hundred  and  eighty. 
Thereafter,  members  of  the  assembly  shall  be 
chosen  biennially,  and  their  term  of  office  shall 
be  two  years;  and  each  election  shall  be  on  the 
first  Tuesday  after  the  first  Monday  in  November, 
unless  otherwise  ordered  by  the  legislature. 

Sec.  4.  Senators  shall  be  chosen  for  the  term 
of  four  years,  at  the  same  time  and  places  as 
members  of  the  assembly,  and  no  person  shall  be 
a  member  of  the  senate  or  assembly  who  has  not 
been  a  citizen  and  inhabitant  of  the  state  three 
years,  and  of  the  district  for  which  he  shall  be 
chosen  one  year,  next  before  his  election. 

MEMBERS.— A  person  properly  qualified  when 
elected  to  tlie  senate  does  not  forfeit  his  office  by  the 
redistrictinc:  of  the  state,  leaving  the  person  outside 
of  the  district  which  he  represents.  (People  v.  Mark- 
ham,  96  Cal.  2G2,  31  Pac.  102.) 

Sec.  5.  The  senate  shall  consist  of  forty  mem- 
bers, and  the  assembly  of  eighty  members,  to  be 
€lected  by  districts,  numbered  as  hereinafter  pro- 
vided. The  seats  of  the  twenty  senators  elected 
in  the  year  eighteen  hundred  and  eighty-two  from 
the  odd-numbered  districts  shall  be  vacated  at  the 
expiration  of  the  second  year,  so  that  one-half  of 
the  senators  shall  be  elected  every  two  years ;  ijro- 
vided,  that  all  the  senators  elected  at  the  first  elec- 


75  CONSTITUTION  OF  1879.        Art.  IV,   §  Q 

tion  under  this  constitution  shall  hold  office  for 
the  term  of  three  years. 

TERM  OF  OFFICE.— The  seats  of  the  twenty  sen- 
ators elected  in  1882,  from  the  districts  designated  in 
the  act  of  1874  by  odd  numbers,  became  vacant  at  the 
expiration  of  the  second  year,  and  their  successors 
were  required  to  be  elected  from  the  same  districts 
for  the  term  of  two  years.  (McPherson  v.  Bartlett, 
G5  Cal.  577,  4  Pac.  582.) 

Sec.  6.  For  the  purpose  of  choosing  memhers 
of  the  legislature,  the  state  shall  be  divided  into 
forty  senatorial  and  eighty  assembly  districts,  as 
nearly  equal  in  population  as  may  be,  and  com- 
posed of  contiguous  territory,  to  be  called  sena- 
torial and  assembly  districts.  Each  senatorial 
district  shall  choose  one  senator,  and  each  as- 
sembly district  shall  choose  one  member  of  assem- 
bly. The  senatorial  districts  shall  be  numbered 
from  one  to  forty,  inclusive,  in  numerical  order, 
and  the  assembly  districts  shall  be  numbered  from 
one  to  eighty,  in  the  same  order,  commencing  at 
the  northern  boundary  of  the  state,  and  ending 
at  the  southern  boundary  thereof.  In  the  forma- 
tion of  such  districts,  no  county,  or  city  and 
county,  shall  be  divided,  unless  it  contain  suffi- 
cient population  within  itself  to  form  two  or 
more  districts;  nor  shall  a  part  of  any  county,  or 
of  any  city  and  coiinty,  be  united  with  any  other 
county,  or  city  and  county,  in  forming  any  dis- 
trict. The  census  taken  under  the  direction  of 
the  Congress  of  the  United  States,  in  the  year 


Art.  IV,  §6        CONSTITUTION  OF  18(9.  76 

one  thousand  eight  hundred  and  eighty,  and  every 
ten  5^ears  thereafter,  shall  be  the  basis  of  fixing 
and  adjusting  the  legislative  districts;  and  the 
legislature  shall,  at  its  first  session  after  each 
census,  adjust  such  districts  and  reapportion  the 
representation  so  as  to  preserve  them  as  near  equal 
in  population  as  may  be.  But  in  making  such 
adjustment  no  persons  who  are  not  eligible  to 
become  citizens  of  the  United  States,  under  the 
naturalization  laws,  shall  be  counted  as  forming 
a  part  of  the  population  of  any  district.  Until 
such  districting  as  herein  provided  for  shall  be 
made,  senators  and  assemblymen  shall  be  elected 
by  the  districts  according  to  the  apportionment 
now  provided  for  by  law. 

LEGISLATIVE  DISTRICTS.— The  legislature  may 
join  two  counties  in  one  assembly  district.  (People 
V.  Hill,  7  Cal.  97.) 

The  term  of  members  of  the  senate  is  not  affected 
by  the  fact  that  after  their  election  the  state  is  so 
redistrictod  that  some  counties  In  the  newly  formed 
districts  Mill  have  double  representation  and  others 
will  be  deprived  of  their  fair  and  equal  representa- 
tion,    (reople  V.  Pendcffast,  90  Cal.  289,  31  Pac.  103.) 

Where  the  first  legislature,  whose  duty  it  is  to  pro- 
vide for  the  apportionment,  fails  to  do  so,  the  duty 
devolves  upon  each  succeeding  legislature  until  it  is 
performed.  (People  v.  liice,  135  N.  Y.  473,  31  N.  E. 
921.) 

The  legislature  cannot  be  compelled  to  make  an 
apportionment.     (In  re  State  Census.  (!2  N.  W.  129.) 

The  apportionment  must  be  according  to  popula- 
tion, but  matliematical  exactness  is  not  ri^ulr(»d. 
(People  V.  Tliomitson,  I.")  111.  451;  Parker  v.  State. 
i;{;}  Ind.  178;  I'routy  v.  Slover,  11  Kan.  2:5.');  Opinion 
of  Justices,  18  Me.   158;  Giddings  v.  Blacker,  92  Mich. 


77  CONSTITUTION  OF  1879.      Art.  IV,  §  7 

638;  People  v.  Broome,  20  N.  Y.  Supp.  470;  People  v. 
Board  of  Aldermen,  14  Misc.  Kep.  105;  People  v.  Rice, 
13.J  N.  Y.  473;  Matter  of  Baird,  142  N.  Y.  523;  Matter 
of  Whitney,  75  Hun.  581;  State  v.  Dudley,  1  Ohio  St. 
437;  State  v.  Cunningham,  81  Wis.  440.) 

If  the  apportionment  is  made  in  the  exercise  of  a 
fair  and  honest  discretion  so  as  to  preserve,  as  nearly 
as  may  be,  equality  of  representation,  it  cannot  be 
overthrown  because  not  mathematically  equal;  but  if 
the  apportionment  does  not  give  substantially  just 
and  equal  representation  to  the  people  of  each  coun- 
ty, it  cannot  be  sustained.  (Ballentine  v.  Willey,  2 
Idaho.  1208;  Prouty  v.  Stover,  11  Kan.  2.35;  People  v. 
Thompson,  155  111,  451;  People  v.  Broome,  20  N.  Y, 
Supp.  470;  People  v.  Rice,  1.35  N.  Y.  473;  Smith  v. 
St.  Lawrence  Co.,  148  N.  Y.  187;  State  v.  Cunning- 
ham, 83  Wis.  90.) 

While  this  section  provides  that  persons  who  are 
not  eligible  to  become  citijcens  of  the  United  States 
shall  not  be  counted  in  making  the  apportionment, 
an  apportionment  is  not  necessarily  invalid  because 
they  are  counted.  (Matter  of  Whitney,  142  N.  Y.  531; 
People  V.  Rice,  135  N.  Y.  473;  Matter  of  Whitney,  75 
Hun,  .581.) 

This  section  requires  that  the  districts  shall  be 
composed  of  contiguous  territory,  and,  while  the  leg- 
islature has  some  discretion  in  this  matter,  if  it  has 
been  wholly  ignored,  the  apportionment  is  void. 
(People  V.  Thompson,  155  111.  451;  State  v.  Cunning- 
ham, 83  Wis.  90.) 

As  to  what  territory  is  "contiguous,"  see  Houghton 
Co.  V.  Blacker,  92  Mich.  0-3S;  Parker  v.  State,  133  Ind. 
178;  People  v.  Thompson,  155  111.  451. 

Under  this  section  a  county  cannot  be  divided,  un- 
less it  contains  sufficient  population  to  make  two  or 
more  districts.  (Houghton  Co.  v.  Blacker,  92  ^Nlich. 
638;  State  v.  Cunningham,  81  Wis.  440;  People  v. 
Board  of  Aldermen,  89  Hun,  400.) 

Sec.  7.  Each  house  shall  choose  its  officers,  and 
judge  of  the  qualifications,  elections,  and  returns 
of  its  members. 


Art.  IV,  §  8        CONSTITUTION  OF  1879.  78" 

QUALIFICATIONS  OF  MEMBERS.— Whether  a 
senator  lias  been  regularly  elected  is  a  question  ex- 
clusively for  the  senate.     (Anonymous,  12  Fla.  G86.) 

The  house  is  to  judge  of  the  election  of  its  mem- 
bers, and  the  returns  are  only  prima  facie  evidence  of 
election.  (Chrismau  v.  Anderson,  2  Cong.  El.  Cas. 
328;  Spaulding  v.  Mead,  1  Cong.  El.  Cas.  157.) 

The  refusal  of  the  executive  of  a  state  to  grant  a 
certificate  of  election  'will  not  prejudice  the  right  to 
a  seat.  (Richard's  Case,  Clark  &  H.  95;  Clement's 
Case,   Cong.   Eh   Cas.   1864-05,  36G.) 

The  qualifications  of  members  being  fixed  by  the 
constitution,  additional  ones  cannot  be  required  by 
the  legislature.  (Barney  v.  McCreery,  1  Cong.  El. 
Cas.  167;  Turnev  v.  Marshall.  2  Cong.  El.  Cas.  1G7; 
TnimbuU's   Case\  2   Cong.   El.   Cas.  618.) 

^Yhile  the  jurisdiction  conferred  by  this  provision 
upon  the  legislature  is  exclusive  of  the  jurisdiction 
of  the  courts,  the  canvassers  may  be  compelled  by 
mandamus  to  conduct  the  canvass  and  declare  the 
result,  thus  giving  the  person  holding  the  certificate 
the  prima  facie  right  to  the  seat.  (O'Ferrall  v.  Colby, 
2  Minn.    180.) 

As  to  the  qualifications  of  members  of  inferior 
legislative  bodies,  see  People  v.  Bingham,  82  Cal. 
238,  22  Pac.  1039. 

Sec.  8.  A  majority  of  each  house  shall  con- 
stitute a  quorum  to  do  business,  but  a  smaller 
number  may  adjourn  from  day  to  day,  and  may 
compel  the  attendance  of  absent  members  in  such 
manner,  and  under  such  penalties,  as  each  house 
may  provide. 

QUORUM.— A  rule  providing  that  "on  demand  of 
any  member,  or  at  the  suggestion  Of  the  speaker,  the 
names  of  members  sutlicient  to  make  a  (juorum  in 
the  h.'Ul  of  tlie  house  who  do  not  vote  shall  be  noted 
by  the  clerk  and  recorded  in  the  journal,  and  reported 
to  the  speaker  with  the  names  of  the  meiiibei-s  vot- 
ing, and  be  counted  and  announced  in  determining 
the  presence  of  a  quorum  to  do  Imsiness,"  is  a  con- 


79  coNSTiTUTiox  OF  1879.     Art.  IV,  §§  9,  10 

stitutional  mode  of  ascertaining  the    presence   of    a 
quorum.     (United  States  v.  Ballin,  144  U.  S.  1.) 

Sec.  9.  Each  house  shall  determine  the  rule  of 
its  proceedinof.  and  may,  with  the  concurrence  of 
two-thirds  of  all  the  members  elected,  expel  a 
member. 

EXPULSION  OF  MEMBERS.— A  member  may 
be  expelled  for  any  misdemeanor  which,  though  not 
punishable  by  statute,  is  inconsistent  with  the  trust 
and  duty  of  a  member.  (Smith's  Case,  1  Hall  Law  J. 
459.) 

As  to  the  power  to  punish  for  contempt,  see  note 
to  section  1  of  this  article. 

Sec.  10.  Each  house  shall  keep  a  journal  of  its 
proceedings,  and  publish  the  same,  and  the  yeas 
and  nays  of  the  members  of  either  house,  on  any 
question,  shall,  at  the  desire  of  any  three  members 
present,  be  entered  on  the  journal. 

JOURNALS. — A  .iournal  is  a  public  record,  of  which 
courts  may  take  judicial  notice.  (Brown  v.  Nash,  1 
Wyo.  So.) 

The  journal  cannot  be  kept  secret  unless  the  pro- 
ceedings are  secret.  The  holding  of  a  secret  session 
by  either  house  is  in  its  discretion.  (Nugent's  Case, 
1  Am.   L.  .T.,   N.   S.,   139.) 

The  journals  required  by  law  to  be  kept  are  a  rec- 
ord of  the  proceedings  of  the  houses  of  the  legis- 
lature, and  so  intended.  They  are,  to  all  intents  and 
purposes,  records  made  in  pepetuam  memorir^m  rei, 
there  entered.  (Oakland  Pay.  Co.  v.  Hilton,  69  Cal. 
494.) 

The  decisions  in  the  various  states  are  conflicting 
as  to  how  far,  if  at  all,  the  journals  of  the  legisla- 
ture may  be  resorted  to  in  order  to  determine  whether 
or  not  an  act  was  properly  passed;  but  in  this  state 
it  is  held  that  the  validity  of  a  statute,  which  has 
been  duly  certified,  approved,  enrolled,  and  deposited 


Art.  IV,  §§  11,  12     CONSTITUTION  OF  1S79.  so 

in  the  office  of  the  secretary  of  state,  cannot  be  im- 
peached by  a  resort  to  the  journals  of  the  legislature. 
(Yolo  Co.  V.  Colaan,  132  Cal.  265,  64  Pae.  403;  People 
V.   Harlan,  21  Cal.  Dec.   698.) 

Sec.  11.  Members  of  the  legislature  shall,  in 
all  cases,  except  treason,  felony,  and  breach  of  the 
peace,  be  privileged  from  arrest,  and  shall  not  be 
'subject  to  any  civil  process  during  the  session  of 
the  legislature,  nor  for  fifteen  days  next  before 
the  commencement  and  after  the  termination  of 
"each  session. 

PRIVILEGE  FROM  ARREST.— Arrest  implies  cor- 
porate restraint.  (Wooloy  v.  Bntler,  1  Banl<.  L.  T.  o'>.) 
■  This  privilege  extends  to  .iudicial  as  well  as  mesne 
process,  and  a  person  arrested  is  entitled  to  his  dis- 
charge on  the  privilege  afterward  acquired.  (Coxe 
V.  McClenachan,  3  Dall.  478;  Nones  v,  Edsall,  1  Wall. 
Jr.  189.) 

There  is  no  privilege  from  the  service  or  obligation 
of  a  subpoena  in  a  criminal  case.  (United  States  v. 
Cooper,  4  Dall.  .341.) 

Members  are  privileged  not  only  from  arrest,  but 
also  from  a  service  of  summons  or  other  civil  pro- 
cess wliile  in  attendance  on  their  public  duties.  (Coxe 
V.  McClonaclian.  .3  Dall.  478;  Geyer  v.  Irwin,  4  Dall. 
107;  Nones  v.  Edsall,  1  Wall.  Jr.  191.) 

Sec.  12.  When  vacancies  occur  in  either  house, 
the  governor,  or  the  person  exercising  the  func- 
tions of  the  governor,  shall  issue  writs  of  election 
to  fill  such  vacancies. 

VACANCIES  may  be  created  by  death,  resignation, 
or  removal,  or  by  the  acceptance  of  an  iiicumpatibe 
office.  (People  v.  Carritpie,  2  Hill,  93:  Powell  v. 
Wilson,  16  Tex.  00;  Biencourt  v.  Parker,  27  Tex.  562.) 

A  resignation  sent  to  the  governor  of  a  state  is 
Bufficient.  (Edward's  Case,  Clark  &  II.  92;  Piercer's 
Case,  Clark  &  H.  44;  Bledsoe's  Case,  Clark  &  II.  869.) 


81  CONSTITUTION  OF  1879.     Art.  IV,  §§  13-15 

The  executive  may  issue  wi-its  for  a  new  election 
without  waiting:  to  be  informed  by  the  house  that 
a  vacancy  exisis.     (Mercer's  Case,   Clark  &  H.  44.) 

Sec.  13.  The  doors  of  each  house  shall  be  open, 
except  on  snch  occasions  as,  in  the  opinion  of  the 
house,  may  require  secrecy. 

Sec.  14.  Neither  house  shall,  without  the  con- 
sent of  the  other,  adjourn  for  more  than  three 
days,  nor  to  any  place  other  than  that  in  which 
they  may  be  sitting.  Nor  shall  the  members  of 
either  house  draw  pay  for  any  recess  or  adjourn- 
ment for  a  longer  time  than  three  days. 

ADJOURNMENT.— An  adjournment  of  the  house 
for  more  than  three  days  without  the  concurrence 
of  the  senate  does  not  ipso  facto  work  a  dissolution 
of  the  geueral  assembly.  (West  Phil.  Pass.  R.  R.  Co. 
V.  Union  Pass.  R.  Co.,  4  Leg.  Gaz.  193,  29  Leg.  Int. 
196.) 

Sec.  15.  No  law  shall  be  passed  except  by  bill. 
Nor  shall  any  bill  be  put  upon  its  final  passage 
until  the  same,  with  the  amendments  thereto, 
shall  have  been  printed  for  the  use  of  the  mem- 
bers; nor  shall  any  bill  become  a  law  unless  the 
same  be  read  on  three  several  days  in  each  house, 
unless,  in  case  of  urgency,  two-thirds  of  the 
house  where  such  bill  may  be  pending  shall,  by  a 
vote  of  yeas  and  nays,  dispense  with  this  provision. 
Any  bill  may  originate  in  either  house,  but  may 
be  amended  or  rejected  by  the  other;  and  on  the 
final  passage  of  all  bills  they  shall  be  read  at 
length,  and  the  vote  shall  be  by  yeas  and  nays 


Art.  IV,  §  16     CONSTITUTION  OF  1ST9.  S2 

upon  each  bill  separately,  and  shall  he  entered 
on  the  journal;  and  no  bill  shall  become  a  law 
without  the  concurrence  of  a  majority  of  the 
members  elected  to  each  house. 

PASSAGE  OF  BILLS.— The  word  "read"  is  used  in 
tliis  section  in  its  popular,  and  not  in  its  technical, 
sense,  and  means  read  at  length,  and  not  I'ead  asi 
is  usual  in  parliamentary  bodies.  (Weill  v.  Ivenfield, 
54  Cal.  111.) 

It  is  not  essential  to  the  validity  of  a  statute  that 
it  should  affirmatively  appear  from  the  legislative 
journals  that  every  act  required  by  the  constitution 
to  be  done  in  the  enactment  of  a  law  has  been  done; 
nor  will  it  be  presumed,  in  the  absence  of  a  show- 
ing, that  such  acts  were  not  done.  (People  v.  Dunn, 
SO  Cal.  211,  22  Pac.  140;  Hale  v.  McGettigan,  114 
Cal.  112,  45  Pac.  1049.) 

If  an  act  is  properly  enrolled  and  authenticated, 
and  is  deposited  with  the  secretary  of  state,  it  is 
conclusive  evidence  of  the  legislative  will,  and  courts 
will  not  look  into  the  journals  of  the  legislature  to 
see  whether  or  how  the  bill  passed.  (People  v.  Burt, 
43  Cal.  5G0;  Yolo  Co.  v.  Col.gan,  132  Cal.  205,  G4  Pac. 
403;  People  v.  Harlan,  21  Cal.  Dec.  098.) 

A  resolution  adopted  by  a  two-thirds  vote,  declar- 
ing that  a  number  of  specified  bills  "present  cases 
of  urgency,"  and  that  tlie  provision  of  the  constitu- 
tion "requiring  that  the  bill  be  read  on  three  separate 
days  in  each  house  is  hereby  dispensed  with,"  is 
sufficient,  and  it  is  not  objectionable  on  the  ground 
that  it  includes  more  than  one  bill.  (People  v.  Glenn 
Co.,  100  Cal.  419,  35  Pac.  302.). 

The  fact  that  several  of  the  senators  who  voted  to 
declare  a  bill  a  case  of  urgency  afterward  voted 
against  the  bill  is  immaterial.  (I'eople  v.  Glenn  Co., 
100  Cal.  419,  35  Pac.  302.) 

Sec.  16.  Every  bill  which  may  have  passed  the 
legislature  shall,  before  it  becomes  a  law,  be 
presented  to  the  governor.     If  he  approve  it,  he 


83  CONSTITUTION  OF  1879,       Art.  IV,  §  IG 

shall  si^i  it;  but  if  not,  he  shall  return  it,  with 
his  objections,  to  the  house  in  which  it  originated, 
which  shall  enter  such  objections  upon  the  journal 
and  proceed  to  reconsider  it.  If,  after  such  re- 
consideration, it  again  pass  both  houses,  by  yeas 
and  nays,  two-thirds  of  the  members  elected  to 
each  house  voting  therefor,  it  shall  become  a 
law,  notwithstanding  the  governor's  objections. 
If  any  bill  shall  not  be  returne'd  within  ten  days 
after  it  shall  have  been  presented  to  him  (Sundays 
excepted),  the  same  shall  become  a  law  in  lijce 
manner  as  if  he  had  signed  it,  unless  the  legis- 
lature, by  adjournment,  prevents  such  return,  in 
which  case  it  shall  not  become  a  law,  unless  the 
governor,  within  ten  days  after  such  adjournment 
(Sundays  excepted),  shall  sign  and  deposit  the 
same  in  the  office  of  the  secretary  of  state,  in 
which  case  it  shall  become  a  law  in  like  manner 
as  if  it  had  been  signed  by  him  before  adjourn- 
ment. If  any  bill  presented  to  the  governor  con- 
tains several  items  of  appropriation  of  money, 
he  may  object  to  one  or  more  items,  while  ap- 
proving other  portions  of  the  bill.  In  such  case 
he  shall  append  to  the  bill,  at  the  time  of  sign- ' 
ing  it,  a  statement  of  the  items  to  which  he  ob- 
jects, and  the  reasons  therefor,  and  the  appro- 
priation so  objected  to  shall  not  take  effect  unless 
passed  over  the  governor's  veto,  as  hereinbefore 
provided.  If  the  legislature  be  in  session,  the 
governor  shall  transmit  to  the  house  in  which 


Art.  IV,  §  17      CONSTITUTION  OF  1879.  84 

the  bill  originated  a  copy  of  sucli  statement,  and 
the  items  so  objected  to  shall  be  separately  re- 
considered in  the  same  manner  as  bills  which  have 
been  disapproved  by  the  governor. 

APPROVAL    BY    THE    GOVEPvNOR— The     day 

upon  which  the  bill  is  preseuted  to  the  governor  should 
be  excluded.  (Price  v.  Whitman,  8  Cal.  412;  Iron 
Mountain  Co.  v.  Haight,  39  Cal.   540.) 

In  People  v.  Whitman,  0  Cal.  059,  it  was  held  that 
only  where  the  last  day  fell  upon  a  Sunday  should 
Sundays  be  excepted  in  malcing  the  computation;  but 
this  case  was  overruled  in  the  case  of  Price  v. 
Whitman,  8  Cal.  412,  it  having  been  decided  upon 
an  error  in  the  printed  copy  of  the  constitution,  the 
word  "Sundays"  being  used  in  the  singular. 

A  laAv  is  not  finally  passed  until  it  is  approved 
by  the  governor  and  transmitted  by  him  to  the  sec- 
retary of  state.  (Davis  v.  Whidden,  117  Cal.  018,  49 
Pac.  700.) 

Where  inconsistent  acts  are  approved  on  the  same 
day,  it  is  to  be  presumed  that  they  Avere  published 
in  the  chronological  order  of  their  approval;  but  the 
court  W'ill  take  judicial  notice  of  the  time  of  the 
approval  of  each  act,  and  may  resort  to  the  ofRce 
of  the  secretary  of  state  to  leani  the  exact  time 
thereof.  (Davis  v.  Whidden,  117  Cal.  CIS,  49  Pac. 
700.) 

Where  an  act  purports  to  have  been  approved  by 
the  governor  on  the  last  day  of  the  session,  parol 
evidence  is  admissible  to  show  that  in  fact  it  was 
approved  on  the  succeeding  day.  (Fowler  v.  Peirce, 
2  Cal.  1(j5.) 

Where  a  statute  is  declared  to  take  effect  from 
and  after  its  passage,  it  takes  effect  at  the  v;i'y 
moment  of  its  approval  by  the  governor.  (People  v. 
Clark,  1  Cal.  40<5.) 

An  act  approved  by  Ihe  governor  after  the  adjourn- 
ment of  tlie  legislature  Avas  void  under  the  former 
constitution.     (Fowler  v.  IV-irce,  2  Cal.  KJo.) 

Sec.  17.     Tlio    assembly    shall    have    the    sole 
power    of    impeachment,    and    all    iiii[K'achmcnts 


85  CONSTITUTION  OF  1S79.       Art.  lY,  §  18 

shall  be  tried  by  the  senate.  When  sitting  for 
that  purpose,  the  senators  shall  be  npon  oath  or 
affirmation,  and  no  person  shall  be  convicted  with- 
out the  concurrence  of  two-thirds  of  the  members 
elected, 

IMPEACHMENT.— A  member  of  the  bouse  voting 
for  tbe  px'osecution  of  an  impeacbmont  is  not  tbereby 
rendered  disqualified,  if  subsequently  elected  to  tbe 
senate,  from  sitting  on  a  trial  tbereof.  (Addison's 
Trial,  21-28;  Porter's  Trial,  53.) 

All  the  functions  of  the  governor  are  entirely  sus- 
pended during  bis  trial.  (Opinion  of  Judges,  3  Neb. 
464.) 

For  an  impeachment  to  be  effectual,  the  articles 
must  be  presented  to  the  senate,  and  a  constitutional 
quorum  of  tbe  entire  membership  must  receive  it. 
(P^xecutive  Communication,  12  Fla.  656.) 

Sec.  18.  The  governor,  lieutenant-governor, 
secretary  of  state,  controller,  treasurer,  attorney 
general,  surveyor  general,  chief  Justice  and  as- 
sociate justices  of  the  supreme  court,  and  judges 
of  the  superior  courts,  shall  be  liable  to  impeach- 
ment for  any  misdemeanor  in  office;  but  judg- 
ment in  such  cases  shall  extend  only  to  removal 
from  office,  and  disqualification  to  hold  any  office 
of  honor,  trust,  or  profit  under  the  state;  but 
the  party  convicted  or  acquitted  shall  nevertheless 
be  liable  to  indictment,  trial,  and  punishment 
according  to  law.  x\ll  other  civil  officers  shall  be 
tried  for  misdemeanor  in  office  in  such  manner 
as  the  legislature  may  provide. 

BEMOVAL  OE  OEFICERS.— This  section  gives  to 
the  legislature  power  to  provide  for  tbe  removal  of 
Constitution— 8 


All.    IV,    §  19       CONSTITUTION   OF   1ST9.  86 

officers  without  a  jury  trial.  (Woods  v.  Varnum,  85 
Cal.  G39.  24  Pac.  843.) 

The  supreme  court  has  no  jurisdiction  of  an  ap- 
peal from  a  judgment  in  a  proceeding  under  sec- 
tion 772  of  the  Penal  Code  for  the  removal  of  pub- 
lic officers,  the  legislature  not  having  provided  for 
such  jurisdiction,  (In  re  Curtis,  108  Cal.  661,  41  Pac. 
793.) 

The  act  of  1853  entitled  "An  act  to  prevent  ex-, 
tortion  in  office  and  to  enforce  official  duty,"  held 
valid.     (Matter  of  Maries,  45  Cal.  190.) 

While  the  constitution  has  provided  for  the  im- 
peachment of  certain  officers,  it  has  left  all  other 
civil  officers  to  be  tried  for  misdemeanors  in  such 
manner  as  the  legislature  may  provide.  (Matter  of 
Marks.  45  Cal.  199.) 

A  presiding  judge  is  liable  to  impeachment  for 
preventing  an  associate  judge  from  delivering  his 
opinion  to  a  grand  or  petit  jury  upon  a  matter  before 
the  court.  (Addison's  Trial,  114,  151;  Commonw^ealth 
V.  Addison,  4  Dall.  225;  Porter's  Trial,  61.) 

Sec.  19.  No  senator  or  member  of  assembly 
shall,  during  the  term  for  which  he  shall  have 
been  elected,  be  appointed  to  any  civil  office  of 
profit  under  this  state  which  sliall  have  been 
created,  or  the  emoluments  of  which  have  been 
increased,  during  such  term,  except  such  otlices 
as  may  be  filled  by  election  by  the  people. 

OFFICES. — This  section  docs  not  inhibit  the  ap- 
pointment of  a  member  of  the  legislature  to  the  of- 
fice of  harbor  commissionei",  wliich  office  was  not 
created,  nor  the  emoluments  thereof  increased,  dur- 
ing his  term  of  office — tlie  method  of  tilling,  the  duties 
and  functions  of  the  office  alone  being  changed.  (Peo- 
ple v.  Burns,  58  Cal.  (;(;0.) 

This  section  docs  not  disqualify  a  member  of  the 
legislature  from  liolding  an  otlice,  the  emoluments  of 
which  are  increased  during  Ills  legislative  term,  but 
after  his  election  to  such  othce.  (Stale  v.  Boyd,  21 
Wis.   208.) 


87  CONSTITUTION  OF  ISi'J.         Art.  IV,  §  20 

Sec.  20.  No  person  holding  any  lucrative  office 
under  the  United  States,  or  any  other  power, 
shall  be  eligible  to  any  civil  office  of  profit  under 
this  state ;  provided,  that  officers  in  the  militia, 
who  receive  no  annual  salary,  local  officers,  or 
postmasters  whose  compensation  does  not  exceed 
five  hundred  dollars  per  annum,  shall  not  be 
deemed  to  hold  lucrative  offices. 

OFFICE  OF  PROFIT.— The  words  "lucrative  of- 
fice" in  the  proviso  of  this  section  refer  solely  to 
the  office  under  the  United  States;  and  if  the  salary 
of  that  office  exceeds  five  hundred  dollars  per  an- 
num^  its  incumbent  cannot  hold  any  civil  office  of 
profit  under  the  state,  notwithstanding  the  profit  of 
the  state  office  is  less  than  five  hundred  dollars  per 
amium.     (People  v.  Leonard,  73  Cal.  230,  14  Pac.  853.) 

The  federal  office  of  surveyor  ^reneral  is  a  '"lucrative 
office,"  and  the  office  of  controller  of  state  an  "office 
of   profit."     (People   v.    Whitman,    10   Cal.    38.) 

The  office  of  school  superintendent  of  a  county  is 
a  civil   office.     (Crawford   v.   Dunbar,  52   Cal.  3G.) 

The  office  of  inspector  of  customs  in  a  collection 
district,  to  which  there  is  annexed  a  salary  of  one 
thousand  dollars  per  annum,  is  a  lucrative  office. 
(Crawford   v.   Duubar,  52   Cal.   36.) 

To  constitute  a  holding,  the  officer  must  be  ap- 
pointed and  qualify  b.v  giving  a  bond  and  taking 
the  oath  of  office;  and  one  who  has  not  so  qualified 
under  a  federal  appointment  is  eligible  to  office  in 
this  state.     (People  v.  Whitman,  10  Cal.  38.) 

This  section  applies  to  incumbents  de  facto  of  a 
lucrative  office.     (Crawford  v.  Dunbar.  52  Cal.  30.) 

This  section  refers  to  the  power  to  hold  as  well 
as  to  be  elected  to  office;  consequently,  a  person 
duly  eligible  and  elected  to  a  civil  office  of  profit 
under  the  state  cannot  hold  the  office  after  he  has 
accepted  a  lucrative  federal  office.  (People  v.  Leon- 
ard,   73   Cal.   230,    14    Pac.    853.) 

"Eligible"  means  capable  of  being  chosen— the  sub- 
ject of  selection  or  choice;  and  "compensation"  means 


Art,  IV,   §§  21,  22     coxstitutiox  of  1ST9.  88 

the  income  of  the  office,  not  its  profits.     <^Searcy  r. 
Grow,  15  Cal.  117.) 

If  a  n  ember  at  the  time  of  his  election  hold  a 
disqualifying  office,  it  is  suflicient  tliat  he  qualify 
himself  by  a  resignation  of  it  before  he  is  sworn  in. 
(Commonwealth  v.  Pyle,  18  Pa.  St.  519.) 
•  The  appointment  to  a  second  incompatible  office  is 
not  absolutely  void^  but  the  first  office  is  ipso  facto 
vacated.  (People  v.  Carrique,  2  Hill,  93;  Biencourt 
V.  Parl^er,  27  Tex.  558.) 

A  person  holding  two  compatible  offices  is  not  pre- 
cluded from  holding  the  salaries  of  botli.  (Converse 
V.  United  States,  21  How.  463;  Brown's  Case,  9  Op. 
Atty.   Gen.   508.) 

Sec,  21.  'No  person  convicted  of  the  embezzle- 
ment or  defalcation  of  the  public  funds  of  the 
United  States,  or  of  any  state,  or  of  any  county 
or  municipality  therein,  shall  ever  be  eligible  to 
any  office  of  honor,  trust,  or  profit  under  this 
state,  and  the  legislature  shall  provide,  by  law, 
for  the  punishment  of  embezzlement  or  defalca- 
tion as  a  felony. 

Sec.  22.  No  money  shall  be  drawn  from  the 
treasury  but  in  consequence  of  appropriations 
made  by  law,  and  upon  warrants  duly  drawn 
tbereon  by  the  controller;  and  no  money  shall 
ever  be  appropriated  or  drawn  from  the  state 
treasury  for  the  use  or  benefit  of  any  corporation, 
association,  asylum,  hospital,  or  any  other  in- 
stitution not  under  the  exclusive  management  and 
control  of  the  state  as  a  slate  institution,  nor  sball 
any  grant  or  donation  of  property  ever  be  made 
thereto  by  tlie  state;  provided,  that  hotwithstand- 


89  CONSTITUTION  OF  1879,       Art.  IV,  §  22 

ing  anything  contained  in  this  or  any  other  sec- 
tion of  this  constitution,  the  legishiture  shall  have 
the  power  to  grant  aid  to  institutions  conducted 
for  the  support  and  maintenance  of  minor  orphans, 
or  half  orphans,  or  ahandoned  children,  or  aged 
persons  in  indigent  circumstances — such  aid  to  be 
granted  by  a  uniform  rule,  and  proportioned  to 
the  number  of  inmates  of  such  respective  insti- 
tutions; provided  further,  that  the  state  shall 
have,  at  any  time,  the  right  to  inquire  into  the 
management  of  ?uch  institutions;  provided  further, 
that  whenever  any  county,  or  city  and  county, 
or  city, -or  town  shall  pro.vide  for  the  support  of 
minor  orphans,  or  half  orphans,  or  abandoned 
children,  or  aged  persons  in  indigent  circum- 
stances, such  county,  city  and  county,  city,  or 
town  shall  be  entitled  to  receive  the  same  pro 
rata  appropriations  as  may  be  granted  to  such 
institutions  under  church  or  other  control.  An 
accurate  statement  of  the  receipts  and  expendi- 
tures of  public  moneys  shall  be  attached  to  and 
published  with  the  laws  at  every  regular  session 
of  the  legislature. 

APPROPRIATIONS.— No  money  can  bo  dr.Twn 
from  the  treasury  but  in  consequence  of  appropria- 
tions made  by  law.  (Baggett  v.  Dunn,  69  Gal.  ">, 
10  Pac.  125.) 

To  an  appropriation  nothing  more  is  requisite  than 
a  designation  of  the  amount  and  fund  out  of  which 
it  shall  bo  paid.  It  is  not  essential  to  its  validity 
tliat  funds  to  meet  the  same  shall  be  at  the  time 
in  the  treasury.     (McCauley  v.   Brooks,  16  Cal.  11.) 

This  provision   is  designed  only  to  secure  to   the 


Art.  IV,  §22      CONSTITUTION  OF  1ST9.  90 

lecrislative  department  the  exclusive  power  of  decid- 
ing to  what  piirpose  the  public  funds  shall  be  de- 
voted in  each  fiscal  year,  and  no  particular  form  of 
legislative  words  is  required  to  make  an  appropria- 
tion valid.  (Humbert  v.  Dunn,  84  Cal.  57,  24  Pac. 
111.) 

This  provision  does  not  prohibit  the  legislature 
from  appropriating  its  funds  in  time  of  war  to  aid  a 
corporation  in  the  construction  of  a  railroad  to  be 
used  bv  the  state  for  military  purposes.  (People  v. 
Pacheco,  27  Cal.   175.) 

There  is  no  restriction  as  to  the  time  for  which 
appropriations  may  be  made.  (People  v.  Pacheco,  27 
Cal.  175.) 

The  provision  of  this  section  giving  counties,  cities, 
and  towns  the  same  pro  rata  amourfts  granted  by  the 
legislature  to  private  institutions  is  self-executing, 
and  where  the  legislature  grants  such  aid  to  private 
in.stitutions,  such  counties,  cities,  and  towns  become 
entitled  to  the  same  aid.  (Yolo  Oo.  v.  Dunn,  77  Cal. 
133,  10  Pac.  202;  San  Francisco  v.  Dunn,  69  Cal. 
73,  10  Pac.  101.) 

An  act  appropriating  three  hundred  thousand  dol- 
lars to  me?t  the  expenses  of  erecting  buildings  and 
maintaining  an  exhibit  of  the  products  of  the  state 
at  the  "SVorld's  Fair  at  Chicago,  and  providing  that 
the  appropriation  should  be  expended  under  the  ex- 
clusive charge  of  a  coniniission  appointed  by  the 
governor,  is  not  in  contlict  with  this  provision.  (Dag- 
gett v.  Colgan.  02  Cal.  .53.  28  Pac.  51.) 

An  act  creating  an  oflice  and  providing  that  the 
officer  "shall  receive  a  salary  of  two  thousand  four 
hundred  dollars  per  annum,  payabh>  monthly,  .... 
to  be  paid  out  of  any  money  in  tlu^  stale  treasury 
not  otherwise  approini.ited."  is  sutticient  to  show 
an  intention  to  apitiopriate  sucli  sum.  (Humbert  v. 
Dunn.  84  Cal.  57.  24  Pac.  J 11.) 

An  act  providing  for  the  commitment  of  minor 
criminals  to  nonscctarian  charitable  corpora tloais,  the 
expen^■e  of  nKiintenance  to  be  paid  by  the  county, 
Is  not  in  violation  of  this  section,  since  it  only  ap- 
plies to  the  state  tre.isurv.  (Boys'  &  Girls'  Aid  Soc. 
V.  Keis,  71  Cal.  G27,  12  Pac.  790.) 


1)1  CONSTITUTION  OF  1879.       Art.  IV,  §  23 

A  law  providing  for  the  payment  of  a  salary  "out 
of  any  money  in'  the  general  fund  not  otherwise  ap- 
propriated," only  applies  to  the  money  snb.iect  to  ap- 
propriation by  that  legislature  and  not  to  some  sub- 
seauent  legislature.  (Baggett  v.  Dunn,  GO  Cal.  75, 
10  Pac.  125.) 

An  act  attempting  retroactively  to  exempt  resident 
nephews  and  nieces  from  the  payment  of  unpaid 
taxes  upon  collateral  inheritances  is  in  violation  of 
this  section.  (Estate  of  Stanford,  12G  Cal.  112,  54 
Pac.  259,  58  Pac.  4(;2.) 

The  act  of  18.55,  providing  a  fund  for  the  indigent 
sick,  has  no  application  to  a  fund  which  comes  to 
a  countv  bv  operation  of  this  section.  (Power  v. 
May,  12.3  Cal.   147,  55  Pac.  796.) 

"  The  act  establishing  the  state  agricultural  society 
made  it  a  state  institution,  and  appropriation  for  it 
is  not  obnoxious  to  this  provision.  (Melvin  v.  State, 
121   Cal.  1(),  53  Pac.  41G.) 

The  act  of  1891,  fixing  a  bounty  on  coyote  scalps, 
did  not  malie  a  specific  appropriation  out  of  the  gen- 
eral fund  for  the  payment  of  such  bounties.  (In- 
gram V.  Colsan,  1(K;  Cal.  113,  38  Pac.  315,  39  Pac. 
437.) 

An  act  requiring  the  tax  collector  to  pay  a  part 
of  the  fees  allowed  him  by  law  into  the  county 
treasury  does  not  violate  this  section — first,  because 
the  money  had  never  been  in  the  state  treasury,  and, 
second,  because  such  act  amounts  to  an  appropria- 
tion.    (Ream  v.  Siskiyou  Co.,  .3G  Cal.  620) 

An  act  appropriating  one  hundred  thousand  dol- 
lars for  the  support  and  maintenance  of  a  mining 
bureau  is  not  unconstitutional  because  It  fails  to 
state  specifically  on  what  fund  the  warrant  is  to  be 
drawn,  or  that  the  money  is  appropriated  out  of  any 
moneys  in  the  treasury  not  otherwise  appropriated. 
(Proll  V.  Dunn,  80  Cal.  220,  22  Pac.  143.) 

Sec.  23.  The  members  of  the  legislature  shall 
receive  for  their  services  a  per  diem  and  mileage, 
to  be  fixed  by  law,  and  paid  out  of  the  public 
treasury;  such  per  diem  shall  not  exceed  eight 


Art.  IV,  §  24      coNSTiTUTiox  or  1879.  92 

dollars,  and  siicli  mileage  shall  not  exceed  ten 
cents  per  mile,  and  for  contingent  expenses  not 
exceeding  twenty-five  dollars  for  each  session. 
No  increase  in  compensation  or  mileage  shall  take 
effect  during  the  term  for  which  the  members  of 
either  house  shall  have  been  elected,  and  the  pay 
of  no  attache  shall  be  increased  after  he  is  elected 
or  appointed. 

Sec.  24.  Every  act  shall  embrace  but  one  sub- 
ject, which  subject  shall  be  expressed  in  its  title. 
But  if  any  subject  shall  be  embraced  in  an  act 
which  shall  not  be  expressed  in  its  title,  such  act 
shall  be  void  only  as  to  so  much  thereof  as  shall 
not  be  expressed  in  its  title.  No  law  shall  be 
revised  or  amended  by  reference  to  its  title;  but 
in  such  case  the  act  revised  or  section  amended 
shall  be  re-enacted  and  published  at  length  as 
revised  or  amen^ded;  and  all  laws  of  the  state  of 
California,  and  all  official  writings,  and  the 
executive,  legislative,  and  judicial  proceedings 
shall  be  conducted,  preserved,  and  published  in 
no  other  than  the  English  language. 

TITLE  AND  FORM  OF  ACTS— Construction.— A 
like  provisiou  of  the  foriiuT  constitution  was  hold 
to  be  merely  directory.  (Washington  v.  I'ase,  4  Cul. 
388;  Pierpont  v.  Crouch,  10  Cnl.  315;  San  lu-ancisco 
V.  Spring   Valley   W.  W.,  54  Cul.  571.) 

But  the  provisions  of  this  section  are  held  to  be 
mandatory.  (Ex  parte  Liddell,  93  Cal.  C33,  29  Pac. 
251.) 

The  title  of  an  act  cannot  be  used  to  restrain  or 
control  any  positive  provision  of  the  act,  but  where 


93  CONSTITUTION  OF  1879.       Art.  IV,  §  24 

the  meaning  of  the  body  of  the  act  is  doubtful,  the 
title  may  be  resorted  to  as  a  raean^  of  ascertaining 
the  intention  of  tlie  legislature.  (People  v.  Abl)ott, 
1(5  Cal.  358:  Barnes  v.  Jones,  51  Cal.  303;  Matter  of 
Boston  Min.  etc.  Co.,  51  Cal.  624;  Harris  v.  Super- 
visors, 52  Cal.  553.) 

The  provisions  of  this  section  should  be  liberally 
construed,  and  the  matter  must  be  left  largely  to 
legislative  discretion.  (Ex  parte  Liddell,  90  Cal.'G33, 
29  Pac.  251:  Abeel  v.  Clai'k,  84  Cal.  220,  24  Pac.  383.) 

This  section  does  not  apply  to  municipal  ordinances. 
(Ex  parte  Haskell,  112  Cal.  412,  44  Pac.  725.) 

As  to  whether  this  section  applies  to  the  amend- 
ment of  statutes  enacted  before  the  present  consti- 
tution, see  People  v.  Parvin,  74  Cal.  549,  16  Pac.  490. 

One  subject. — Numerous  provisions  having  one  gen- 
eral object  fairly  indicated  by  the  title  may  be  united. 
(Ex  parte  Liddell,  93  Cal.  633,  29  Pac.  251;  People  v. 
Parks,  58  Cal.  024;  Ex  parte  Kohler,  74  Cal.  38,  15 
Pac.  436;  De  Witt  v.   San  Francisco,  2  Cal.  289.) 

The  act  of  1891,  adding  a  new  part  to  the  Vrooman 
Act  in  relation  to  street  improvement  bonds,  does 
not  contain  more  than  one  subject.  (Hellman  v. 
Shoulters,   114  Cal.   136,  44  Pac.  915,  45  Pac.  1057.) 

An  act  entitled  "An  act  to  establish  a  uniform 
system  of  county  and  township  governments,"  classi- 
fying The  counties  by  population  and  fixing  the  com- 
pensation of  the  county  officers,  only  contains  one 
suliject.     (Longan  v.  Solano,  05  Cal.  122,  3  Pac.  463.) 

The  act  of  March  19,  1878  (Stats.  1877-8,  338),  does 
not  contain  more  than  one  subject.  (San  Francisco 
v.   Spring  Valley  W.   W.,  54  Cal.  .571.) 

If  the  act  is  made  of  incongruous  parts,  or  to 
comprehend  unconnected  and  dissimilar  subjects  to 
that  expressed  in  the  title,  it  cannot  be  upheld.  (Peo- 
ple v.  Parks,  58  Cal.  624.) 

Title.— The  purpose  of  this  provision  is  to  protect 
the  members  of  the  legislature  as  well  as  the  pub- 
lic against  fraud  from  deceitful  and  misleading  titles. 
(Ex  parte  Liddell,  93  Cal.  633.  29  Pac.  251;  Abeel  v. 
Clark,   84  Cal.   226,  24  Pac.   383.) 

If  the  title  is  of  such  a  character  as  to  mislead 
the  public  or  the  members  of  the  legislature,  as  to 
the  subjects  embraced  in  it,  it  is  void.  (Wood  v. 
Election   Commrs.,  58  Cal.  561.) 


Art.  IV,  §  24     coxsTiTUTiox  of  1879.  9  i 

The  words  in  a  title  "and  for  other  pmiioses"  do 
not  validate  provisions  which  are  not  germane  to 
the  particular  subjects  expressed  in  the  title.  (Spier 
V.  Eaker,  120  Cal.  370,  52  Pac.  C59.) 

It  is  not  necessary  that  tlie  title  of  an  act  should 
embrace  an  abstract  or  catalogue  of  its  contents. 
(Abeel  v.  Clark,  84  Cal.  220,  24  Pac.  383;  Ex  parte 
Liddell,  93  Cal.  633,  20  Pac.  2M;  People  v.  Superior 
Court,  100  Cal.  105,  34  Pac.  492;  People  v.  Linda 
Vista  Irr.  Dist.,  128  Cal.  477.  61  Pac.  86;  Hellmau 
V.  Shoulters,  114  Cal.  130,  44  Pac.  915,  45  Pac.  1057.) 
Tlie  title  of  an  act  Is  not  misleading  because  it 
purports  to  provide  for  a  "general"  vaccination, 
when  in  fact  it  only  ajiplies  to  children  in  the  pub- 
lic schools.  (Abeel  v.  Clark.  84  Cal.  226,  24  Pac.  3vS3.) 
Particular  acts  held  valid.— The  titles  of  the  fol- 
lowing acts  have  been  held  sufficient:  An  act  entitled 
"An  act  to  amend  section  3481  of  the  Political  Code" 
(People  V.  Parvin,  74  Cal.  549,  16  Pac.  490.  But  see 
Lewis  V.  Dunne,  22  Cal.  Dec.  559);  a  title  expressing 

the  object  of  the  act  to  be  "to  amend  section "  of 

a  named  code  "relating"  to  the  particular  object 
treated  of  in  the  body  of  the  act  (San  Francisco  etc. 
R.  R.  Co.  V.  State  Board,  60  Cal.  12);  an  act  en- 
titled "An  act  to  prohibit  the  sophistication  and 
adulteration  of  wine,  and  to  prevent  fraud  in  Mie 
manufacture  and  sale  thereof."  and  defining  jnire 
wine,  prohil.itiug  the  use  of  deleterious  substitutes, 
and  forbidding  the  sale  of  impure  wine  (Ex  parte 
Kohler,  74  Cal.  38,  15  Pac.  436);  an  act  entitled 
"An  act  to  amend  an  act  entitled  'An  act  to  establi-^h 
a  Penal  Code,'  approved  February,  14,  1872,  by 
amending  section  634,  relating  to  tish  and  game"' 
(People  V.  Dobbins,  73  Cal.  257,  14  Pac.  860);  an 
act  entitled  "An  act  to  provide  for  laying  out,  etc., 
any  street,  etc.,  and  to  condemn  and  acquire  any 
and  all  lands  and  property  necessary  or  convenient 
for  that  pmpose,"  and  providing  for  tiie  assessment 
of  other  lands  to  pay  for  lands  condemned  (Davies 
V.  Ix)s  Angeks,  86  Cal.  37,  24  Pac.  771);  an  act  en- 
titled "An  act  for  tlie  better  protection  of  stockhold- 
ers in  corporations  formed  under  the  laws  of  the 
state  of  California  for  the  purpose  of  carrying  on 
and   conducting   the   business   of  mining,"    and  pro- 


95  CONSTITUTION  OF  1879.       Art.  IV,  §  24 

vidinsT  a  penalty  for  failure  to  make  or  post  an 
itemized  aoeount  or  balance-sheet  (Francais  v.  Somps, 
92  Cal.  5(t3,  28  Tac.  592);  an  act  entitled  "An  act 
to  establish  a  state  reform  school  for  juvenile  of- 
fenders, and  to  make  an  appropriation  therefor,"  and 
providmji:  for  the  commitment  of  juvenile  offenders 
to  such  schools  (Ex  parte  Liddell,  9.3  Cal.  033,  29 
Pac.  251);  an  act  entitled  "An  act  to  provide  for 
laj'ing  out,  etc.,  any  street,  etc.,  in  municipalities,  and 
to  condemn  and  acquire  any  and  all  land  and  prop- 
erty necessary  and  convenient  for  that  purijose,"' 
and  validating  former  proceedings  for  the  widening 
of  streets  (San  Francisco  v.  Kiernan,  98  Cal.  614,  33 
Pac.  720);  an  act  entitled  "An  act  creating  a  board 
of  bank  commissioners,  and  prescribing  their  duties 
and  powers,"  and  providing  for  winding  up  of  bank- 
ing con^orations  (People  v.  Superior  Court,  100  Cal. 
105,  34  Pac.  492);  an  act  entitled  "An  act  to  create 
the  county  of  Kings,  to  define  the  boundaries  there- 
of, and  to  provide  for  its  organization  and  election 
of  officers,  and  to  classify  said  county,"  and  provid- 
ing for  the  collection  of  taxes  levied  before  the 
formation  of  the  county  but  collected  afterward 
(Kings  County  v.  Johnson,  104  Cal.  198,  37  Pac.  870); 
an  act  entitled  "An  act  to  create  the  office  of  com- 
missioner of  transportation,  and  to  define  its  powers 
and  duties;  to  fix  the  maximum  charges  for  trans- 
porting passengers  and  freights  on  certain  railroads, 
and  to  prevent  extortion  and  unjust  discrimination 
thereon,"  and  providing  for  the  collection  of  fines 
against  a  person  evading  the  payment  of  his  fare 
(Gieselse  V.  San  Joaquin.  109  Cal.  489,  42  Pac.  44G); 
an  act  entitled  "An  act  to  establish  a  uniform  system 
of  county  and  township  governments,"  and  classify- 
ing the  counties  by  population,  and  fixing  the  com- 
pensation of  the  county  officers  (Longan  v.  Solano,  05 
Cal.  122.  3  Pac.  4(53);  an  act  entitled  "An  act  to 
regulate  fees  in  office."  and  providing  that  the  officer 
shall  pay  part  of  his  fees  into  the  treasury  (Ream  v. 
Siskiyou  Co.,  .30  Cal.  021);  an  act  entitled  "An  act 
to  enable  certain  parties  therein  named  to  alienate 
and  encumber  homesteads,"  and  providing  for  the 
alienation  of  the  homestead  by  the  sane  spouse,  un- 
der order  of  the  probate  court  (Jones  v.  Palvella,  120 


Art.  IV,  §  24      CONSTITUTION  OF  1ST9.  98 

Gal.  24,  58  Pac.  311);  an  act  entitled  "An  act  to 
protect  and  promote  the  horticultural  interests  of 
the  state."  and  making  the  expense  of  abating  an 
insect  pest  nuisance  from  any  property  a  lien  thereon 
(Los  Ana-eles  v.  Spencer.  128  Cal.  670,  50  Pac.  202); 
a  provision  relating  to  city  justices  of  the  pence  in 
an  act  entitled  "An  act  to  establish  a  iiniform  sys- 
tem of  county  and  township  government"  (People 
V.  Cobb,  21  Cal.  Dec.  770);  an  act  purporting  in  its 
title  to  add  thirty-four  enumerated  secfiens  to  the 
Political  Code,  "all  relating  to  the  establishment  of 
a  board  of  state  harbor  commissioners  for  the  bay 
of  San  Diego,"  and  authorizing  the  commissioners 
to  institute  an  action  for  the  possession  of  any  por- 
tion of  the  entire  bay  of  San  Diego,  of  Avhich  they 
are  given  the  possession  and  control  (People  v.  Mul- 
lender,   132  Cal.  217). 

See,  also.  People  v.  King.  127  Cal.  570,  60  Pac. 
35;  Leake  v.  Colgan,  125  Cal.  413.  58  Pac.  GO;  .Jen- 
nings V.  Le  Roy,  03  Cal.  397;  People  v.  ITensliaw,  71 
Cal.  436,  18  Pac.  413;  Pennie  v.  Reis,  SO  Cal.  260, 
22  Pac.  176;  People  v.  Linda  Vista  Irr.  Dist.,  12S 
Cal.  477.  61  Pac.  80;  Carpenter  v.  Furrey,  128  Cal. 
665,  61  Pac.  360;  Vernon  etc.  Dist.  v.  Boar.l  of  Educa- 
tion, 125  Cal.  503,  58  Pac.  175;  E.\;  parte  Plirrman, 
22  Cal.   Dec.  411. 

Particular  acts  held  invalid.— The  following  ac!s 
have  been  held  to  violate  this  provision:  An  act 
whose  title  simply  purports  to  repeal  tlio  statute  con- 
cerning the  publication  of  const ilulioual  amend- 
ments, but  in  the  body  of  the  act  also  provides  a 
new  method  of  pul)lishing  such  amendments  (l'eoT)le 
V.  Curry.  i;;o  Cal.  82,  02  I'ac.  510|;  an  act  amending 
the  act  for  tlie  formation  of  sanitary  districts,  and 
providing  that  sanitary  boards  may  determine  the 
qualilication  of  persons  autlnn-ized  to  sell  liquors  at 
retail,  this  sul)ject  not  being  germane  to  the  title 
of  the  original  act  (In  re  Werner,  120  Cal.  007,  62 
Pac.  97);  an  act  eiitilled  "An  act  to  establish  fees," 
etc.,  and  providing  for  the  payment  of  one  dollar 
for  each  one  thousand  doliiirs  in  excess  of  tlu'ee 
thousand  dolliu's  of  the  appraised  value  of  the  es- 
tate upon  tiling  tlie  inventory,  siicli  payment  being 
a  tax  and  not  a  fee  (Fatjo  v.  I'lister,  117  Cal.  83,  48 


97  CONSTITUTION  OF  1879.       Art.  IV,  §  2i 

Pac.  1012);  an  act  entitled  "An  act  to  amend  sec- 
tions four  thousand  and  fonr,"  and  other  sections 
"to  establish  a  system  of  county  governments,  ap- 
proved April  27,  1880,"  but  referring  to  no  partic- 
ular code  or  statute  (Leonard  v.  January,  5G  Cal. 
1);  an  act  entitled  "An  act  to  promote  drainage,"  and 
providing  for  the  control  of  debris  from  mining  and 
other  operations,  the  improvement  and  rectification 
of  river  channels,  and  the  erection  of  embankments 
or  dykes  necessary  for  the  protection  of  lands,  towns, 
or  cities  from  inundation  (People  v.  Parks,  58  Cal. 
024;  Doane  r.  Weil,  58  Cal.  334);  an  act  the  title 
of  which  provides  only  for  the  refunding  of  the  In- 
debtedness of  cities,  and  the  issuance  of  bonds  there- 
for, and  repealing  an  act  for  the  incurring  of  in- 
debtedness by  municipal  corporations  (Los  Angeles, 
v.  Ha  nee,  122  Cal.  77,  54  Pac.  387).  See,  also.  Spier 
V.  Baker,  120  Cal.  370,  52  Pac.  659. 

An  act  entitled  "An  act  to  revise  the  Code  df  Civil 
Procedure  of  the  state  of  California  by  amending 
certain  sections,  repealing  others,  and  adding  certain 
new  sections,"  was  held  not  to  sufficiently  state  its 
subject  in  its  title,  for  the  reason  that  the  "Code  of 
Civil  Procedure"  does  not  state  or  express  any  sub- 
.iect.  (Lewis  v.  "Dunne.  22  Cal.  Dec.  559.) 
-That  such  terms  as  the  "Code  of  Civil  Procedure." 
"Criminal  Code,"  "Probate  Code,"  "Political  Code." 
etc.,  do  sufficiently  state  a  subject,  see  Central  etc. 
R.  Co.  V.  State,  104  Ga.  831.  31  S.  E.  531;  Porter  v. 
Thomson,  22  Iowa,  391;  State  v.  Brassfield,  81  Mo. 
151:  Woodruff  v.  Baldwin,  23  Kan.  491;  Heller  v. 
People.  2  Colo.  App.  459:  Johnson  v.  Harrison,  47 
IMinn.  .575,  50  N.  W.  923;  Marston  v.  Humes,  3  Wash. 
2G7,  28  Pac.  520;  Mathis  v.  State.  31  Fla.  291,  12 
South.  681;  Ex  parte  Thomas,  113  Ala.  1,  21  Sontli. 
369;  Tribune  Co.  v.  Barnes,  7  N.  Dak.  591,  75  N.  W. 
904:  Mnrphey  v.  IMenard,  11  Tex.  ()73. 

Publishing  at  length.— A  revised  act  must  be  con- 
strued as  a  new  and  original  piece  of  legislation. 
(Donlon   v.   Jewett,  88  Cal.   530,  26  Pac.   370.) 

This  provision  applies  only  to  acts   which  are  in 
terms  revisory   or  amendatory  of  some  former  act: 
and    it   does    not    apply    to   an    independent    act.    al- 
though it  is  inconsistent  with  some  existing  statute. 
Constitution— 9 


Art.  IV,  §  24      CONSTITUTION  OF  1879.  98 

(Pennie  y.  Reis.  SO  Cal.  20G,  22  Pac.  17G;  Jennings 
V.  Lo  Roy,  03  Cal.  397;  Baum  v.  Raphael,  57  Cal. 
361.) 

An  act  adding  a  new  section  to  the  Political  Code, 
and  by  implication  amending:  another  section  of  the 
same  code,  was  held  to  violate  this  provision,  if  con- 
sidered as  an  amendment,  since  it  did  not  repub- 
lish the  section  of  the  code  affected  by  it.  (Ear'.e  v. 
Board  of  Education.  55  Cal.  489.  But  see  Hellnian 
V.  Shoulters,  114  Cal.  13G,  44  Pac.  915,  45  Pac.  1057; 
University  of  California  v.   Bernard,  57  Cal.  612.) 

This  section  docs  not  apply  to  amendments  by  im- 
plication, nor  to  an  act  wiiich  merely  adds  new 
sections  relating-  to  a  named  subject,  which  leaves  in 
full  operation  all  the  language  of  the  statute  which 
it  purports  to  amend,  and  does  not  purport  to  amend 
any  section  of  that  act,  but  affects  its  operation  only 
bv  implication  from  the  sections  added.  (Hellman 
v^  Shoulters,  114  Cal.  130,  44  Pac.  915,  45  Pac.  1057. 
But  see  Earle  v.   Board  of  Education,  55  Cal.  480.) 

This  section  does  not  prevent  a  section  amended 
from  taking  its  place  by  its  appropriate  number  in 
the  original  act.  (Fletcher  v.  Prather,  102  Cal.  413, 
36  Pac.  658.) 

Whore  a  section  of  the  code  is  "amended  to  read 
.as  follows,"  and  the  amended  section  is  published 
at  length,  without  any  saving  clause,  the  effect  of 
the  amendment  is  to  repeal  the  section  as  it  origi- 
nally stood;  and  a  section  of  the  amendatory  act 
merely  providing  that  the  amendment  shall  be  ap- 
plicable to  certain  counties  does  not  operate  as  a 
saving  clause  to  continue  the  original  section  in  force 
in  other  counties.  (Huffman  v.  Hall,  102  Cak  2(5,  36 
Pac.  417.) 

Under  the  provisions  of  this  section  the  amend- 
ment of  a  statu'o  operates  as  an  alisolute  repeal  of 
the  statute  or  section  amended,  even  if  the  amend- 
ment takes  nothing  away  from  the  old  law,  but 
mcTely  adds  a  proviso  in  certain  cases.  (Billings 
V.  Harvey,  (J  Cal.  381.) 

An  act  adding  five  new  sections  to  the  Political 
Code  is  not  within  tlie  mischief  Avliicli  tliis  section 
was  intended  to  prevent.  (University  of  California 
V.  Bernard,  57  Cal.  612.) 


i)D  CONSTITUTION  OF  1879.        Art.  IV,  §  25 

An  act  entitled  "An  act  to  revise  the  Code  of  Civil 
Procedure  of  the -state  of  California  by  amending 
certain  sections,  repealing  otliers,  and  adding  certain 
new  sections."  and  amending,  repealing,  or  adding 
some  tive  hundred  sections  of  that  code,  and  which 
did  not  set  out  and  republish  at  length  the  entire 
Code  of  Civil  Procedure,  was  held  to  violate  this 
provision  of  the  constitution.  (Lewis  v.  Dunne,  22 
Cal.  Dec.  559.) 

This  appears  to  be  the  only  decision  as  to  what 
constitutes  a  "revised"  act  within  the  meaning  of 
this  section.  See,  however,  on  the  same  subject  the 
following  cases:  Portland  v.  Stock,  2  Or.  70;  Dolan 
V.  Barnard,  5  Or.  390;  David  v.  Portland  etc.  Co.,  14 
Or.  9S.  12  Pae.  174;  Greencastle  etc.  Co.  v.  State,  2^ 
Tnd.  882;  Town  etc.  v.  Frieze,  33  Ind.  507;  Swails  v. 
White,  4  Neb.  353;  Arnoult  v.  New  Orleans,  11  La. 
Ann.  54;  Tuskaloosa  etc.  Co.  v.  Olmsted,  41  Ala.  9. 

Sec.  25.  The  legislature  shall  not  pass  local  or 
special  laws  in  any  of  the  following  enumerated 
cases,  that  is  to  say : 

First — Eegulating  the  jurisdiction  and  duties 
of  justices  of  the  peace,  police  judges,  and  of 
constables. 

Second — For  the  punishment  of  crimes  and  mis- 
demeanors. 

Third — Eegulating  the  practice  of  courts  of 
justice. 

Fourth — Providing  for  changing  the  venue  in 
civil  or  criminal  actions. 

Fifth — Granting  divorces. 

Sixtli — Changing  the  names  of  persons  or 
places. 

Seventh — Authorizing  the  laying  out,  opening, 
altering,  maintaining,  or  vacating  roads,  highways. 


Art.  IV,  §  25      CONSTITUTION  OF  1879.  ICO 

streets,  alleys,  town  plats,  parks,  cemeteries, 
graveyards,  or  public  grounds  not  owned  by  the 
state. 

Eighth — Summoning  and  impaneling  grand 
and  petit  juries,  and  providing  for  their  compensa- 
tion. 

Ninth — Eegulating  county  and  township  busi- 
ness, or  the  election  of  county  and  township 
oftlcers. 

Tenth — For  the  assessment  or  collection  of 
taxes. 

Eleventh — Providing  for  conducting  elections, 
or  designating  the  places  of  voting,  except  on 
the  organization  of  new  counties. 

Twelfth — Affecting  the  estates  of  deceased  per- 
sons, minors,  or  other  persons  under  legal  disa- 
bilities. 

Thirteenth — Extending  the  time  for  the  collec- 
tion of  taxes. 

Fourteenth — Giving  effect  to  invalid  deeds, 
wills,  or  other  instruments. 

Fifteenth — Eefunding  money  paid  into  the 
state  treasury. 

Sixteenth — Eeleasing  or  extinguishing,  in  whole 
or  in  part,  the  indebtedness,  liability,  or  obliga- 
tion of  any  corporation  or  person  to  this  state, 
or  to  any  municipal  corporation  therein. 

Seventeenth — Declaring  any  person  of  age,  or 
authorizing  any  minor  to  sell,  lease,  or  encumber 
liis  or  her  property. 


101  CONSTITUTION  OP  1S79.       Art.  IV,  §  25 

Eighteenth — Legalizing,  except  as  against  the 
state,  the  unauthorized  or  invalid  act  of  any 
officer. 

Nineteenth — Granting  to  any  corporation,  as- 
sociation, or  individual  any  special  or  exclusive 
right,  privilege,  or  immunity. 

Twentieth — Exempting  property  from  taxa- 
tion. 

Twenty-first — Changing  county  seats. 

Twenty-second — Eestoring  to  citizenship  per- 
sons convicted  of  infamous  crimes. 

Tv)enty-third — Eegulating  the  rate  of  interest 
on  money. 

Twenty-fourth — Authorizing  the  creation,  ex- 
tension, or  impairing  of  liens. 

Twenty-fifth — Chartering  or  licensing  ferries, 
bridges,  or  roads. 

Twenty-sixth — Eemitting  fines,  penalties,  or 
forfeitures. 

Twenty -seventh — Providing  for  the  manage- 
ment of  common  schools. 

Twenty-eighth — Creating  offices,  or  prescribing 
the  powers  and  duties  of  officers  in  counties,  cities, 
cities  and  counties,  townships,  election,  or  school 
districts. 

Twenty-ninth — Affecting  the  fees  or  salary  of 
any  officer. 

Thirtieth — Changing  the  law  of  descent  or  suc- 
cession. 

Thirty-first — Authorizing  the  adoption  or  legit- 
imation of  children. 


Art.  IV,  §  25      CONSTITUTION  OF  1879,  102 

Thirty-second — For  limitation  of  civil  or  crim- 
inal actions. 

Thirttj-third — In  all  other  cases  where  a  gen- 
eral law  can  be  made  applicable. 

LOCAL  AND  SPECIAL  LAWS— In  general.-Un- 
der  tlie  former  constitution  the  legislature  was  not 
forliiclden  to  pass  local  or  special  laws.  (Wi.ijmore 
V.  Buell.  122  Cal.  144,  54  Pac.  GOO;  People  v.  Twelfth 
District  Court.  17  Cal.  547;  Ex  parte  Burke,  59  Cal.  6; 
Nevada  School  Dist.  v.  Shoecraft,  88  Cal.  372,  26  Pac. 
211.) 

The  provisions  of  this  section  are  prospective  only, 
and  do  not  affect  statutes  passed  before  its  adoption. 
(Nevada  Sch.ool  Dist.  v.  Shoecraft,  88  Cal.  372,  26 
Pac.  211;  Ex  parte  Burke.  59  Cal.  6;  Rollins  v. 
Wrijrht,  93  Cal.  395,  29  Pac.  58;  Smith  v.  McDermott, 
93  Cal.  421,  29  Pac.  34;  Meade  v.  Wat.son,  67  Cal. 
591,  8  Pac.  311;  Ex  parte  Chin  Yan,  60  Cal.  78.) 

The  legislature  cannot  make  a  special  act  general 
by  a  legislative  declaration  that  it  shall  be  considered 
a  general  act.  (Sau  Francisco  v.  Spring  Valley  W. 
W.,  48  Cal.  493.) 

A  law  wliich  on  its  face  is  general  and  may  be 
applied  to  all  cities  cannot  be  assailed  on  the  ground 
that  it  was  in  fact  passed  to  effect  an  improvement 
in  one  city  only.  (Davies  v.  Dos  Angeles,  S6  Cal.  37, 
24  Pac.  771.) 

A  si^ecial  law  is  ome  relating  to  a  selected  class, 
as  well  as  a  particular  object.  (Smith  v.  McDerniott, 
93  Cal.  421,  29  Pac.  34.) 

As  to  what  is  a  general  and  what  a  special  law, 
see  Ex  parte  Burke,  59  Cal.  6,  per  Morrison,  C.  .1. 

A  general  law  must  be  as  broad  as  the  subject  mat- 
ter to  which  it  relates.  (Desmond  v.  Dunn,  55  Cal. 
242.) 

An  act  applying  uniformly  upon  the  whole  of  any 
single  class  of  individuals  or  objects,  when  Die  classi- 
tication  is  founded  upon  some  natural,  intrinsic,  or 
constitutional  distinction,  is  a  general  law.  (Abeel 
V.  Clark,  84  Cal.  226,  24  Pac.  383;  Cody  v.  Murphey, 
89  Cal.  522,  2(>  Pac.  lOSl;  Foster  v.  Police  Commrs.. 
102   Cal.    183,   37   Pac.    763;    Rode  v.    Siebe,    11!)   Gal. 


103  CONSTITUTION  OP  1879.       Art.  IV,  §  25 

518,  51  Pac.  SCO;  Ex  parte  Koser,  GO  Cal.  177;  Vail 
V.  Sau  Diego,  126  Cal.  35,  58  Pac.  392;  People  v. 
Central  Pac.  R.  R.  Co.,  105  Cal.  57G,  38  Pac.  905; 
Murpliv  V.  Pacific  Bank,  119  Cal.  334,  51  Pac.  317; 
Murphy  v.  Pacific  Bank,  130  Cal.  542,  G2  Pac.  1059.) 

In  order  to  make  the  law  general,  the  classification 
must  not  be  arbitrary,  but  must  be  founded  upon 
e;ome  natural,  intrinsic,  or  constitutional  distinction, 
and  some  reason  must  appear  why  the  act  is  not 
made  to  apply  generally  to  all  classes.  (Ilauer  v.  Will- 
iams, 118  Cal.  liOl,  50  Pac.  691;  Darcy  v.  Mayor,  104 
Cal.  612,  38  Pac.  500.) 

Although  a  law  is  general  when  it  applies  equally 
to  all  individuals  of  a  class  founded  upon  a  natural, 
intrinsic,  or  constitutional  distinction,  it  is  not  gen- 
eral if  it  confers  particular  privileges  or  imposes  pe- 
culiar disabilities  or  burdensome  conditions,  in  the 
exercise  of  a  common  right,  upon  a  class  arbitrarily 
selected  from  the  general  body  of  those  who  stand 
in  precisely  the  same  relation  to  the  subject  of  the 
law.  (Pasadena  v.  Stimson,  91  Cal.  238.  27  Pac.  604; 
Bloss  V.  Lewis.  109  Cal.  493,  41  Pac.  lOSl.) 

A  law  wliich  applies  only  to  a  part  of  a  class — 
which  relates  not  to  any  genus,  but  only  to  species — 
is  a  SDecial  law.  (People  v.  Central  Pac.  R.  R.  Co., 
83  Cal.  393.  23  Pac.  .303.) 

Acts  held  to  be  general.— The  following  acts  have 
been  held  to  be  general  within  the  meaning  of  this 
section:  An  act  relating  to  elections  to  elect  boai'ds  of 
freeholders,  and  to  adopt  and  amend  charters  (Frag- 
lev  V.  Phelan,  126  Cal.  383,  58  Pac.  923);  an  act  pro- 
viding for  police  courts  in  all  cities  of  a  designated 
population,  and  providing  that  it  shall  go  into  effect 
upon  the  expiration  of  the  term  of  office  of  the  present 
police  .ludge  of  such  cities  (People  v.  Henshaw.  76  Cal. 
436.  18  Pac.  413;  Ex  parte  Halsted.  89  Cal.  471,  26  Pac. 
961;  In  re  Mitchell,  120  Cal.  384.  .52  Pac.  799);  an 
act  applying  to  all  elections  in  towns  and  cities  (Ver- 
non School  Dist.  V.  Board  of  Education,  125  Cal. 
593,  58  Pac.  175);  an  act  providing  for  an  action  by 
a  reclamation  district  to  determine  the  validity  of  an 
assessment  (Lower  Kings  River  Reclamation  Dist.  No. 
.531  V.  McCuUah,  124  Cal.  175.  56  Pac.  887);  the  in- 
sanity law  of  1897  (People  v.  King,  127  Cal.  570,  60 


Art.  IV,  §  25     CONSTITUTION  OF  1S79.  104 

Pac.  35);  section  1203  of  the  Code  of  Civil  Procedure 
(Carpenter  v.  Furrey,  128  Cal.  GG5,  Gl  Pac.  360);  an 
act  providing  a  special  method  for  levying  a  tax  for 
high  schools,  differing  from  that  provided  for  other 
school  districts  (People  v.  Lodi  High  School  Dist., 
124  Cal.  694,  57  Pac.  660);  an  act  providing  for  the 
refunding  of  indebtedness  of  municipal  corporations 
other  than  cities  of  the  first  class  (Los  Angeles  v. 
Teed,  112  Cal.  319,  44  Pac.  580);  an  act  providing  for  . 
the  assessment  of  taxes  upon  railroads  operating  in 
more  than  one  county  (People  v.  Central  Pac.  R.  R. 
Co.,  105  Cal.  576,  38  Pac.  905);  a  law  making  it  a 
felony  to  sell  intoxicating  liquors  to  Indians  (People 
V.  Bray,  105  Cal.  344,  38  Pac.  731);  an  act  providing 
for  vaccination  of  all  children  attending  public 
schools  (Abeel  v.  Clark,  84  Cal.  226,  24  Pac.  383);  an 
act  relating  to  the  compensation  of  the  aiiditor  and 
his  clerk  in  all  counties  of  the  twentieth  class  (Far- 
nura  V.  Warner,  104  Cal.  677,  38  Pac.  421);  an  act 
forbidding  the  erection  of  partition  walls  in  citios 
and  towns  of  a  greater  height  than  ten  feet,  with- 
out the  consent  of  the  adjoining  owner,  except 
around  public  gardens,  etc.  (Western  etc.  Co.  v. 
Knickerbocker,  103  Cal.  Ill,  37  Pac.  192);  the  provi- 
sions of  section  1001  of  the  Civil  Code,  providing  foi* 
the  acquisition  of  private  property  through  the  ex- 
ercise of  tlie  right  of  eminent  domain  (Santa  Ci'uz  v. 
Enright,  95  Cal.  105,  30  Pac.  197);  a  county  ordinance 
providing  a  smaller  license  tax  for  tlie  sale  of  spirit- 
uous liquors  at  wayside  inns  and  rural  watering 
places,  outside  of  any  city,  than  wlion  sold  in  a  city 
(Amador  Co.  v.  Kennody,  70  Cal.  458,  11  Pac.  757); 
an  ordinance  making  it  milawful  to  conduct  a  laun- 
dry between  10  P.  M.  and  G  A.  M.,  or  on  Sundays 
(Ex  parte  INIoynier,  65  Cal.  33);  the  provision  of  the 
Code  of  Civil  I'rocodiu-e  giving  certain  laborers  pre- 
ferred claims  as  against  otlicr  attacliiug  creditors 
(Mohle  v.  Tschireh,  (i3  Cal.  3S1). 

See,  also,  cases  cited  below  under  the  particular 
subdivisions  of  tliis  section. 

Acts  held  to  be  special.— On  the  otlier  hand,  the 
following  acts  liave  been  hold  to  bo  spocinl  within  tlie 
moaning  of  this  section:  An  act  jiroviding  An*  boards 
of  election  commissioners  in  cities  and  counties  hav- 


105  CONSTITUTION  OF  1879.       Art.  IV,  §  25 

ing  one  hnndred  and  fifty  thousand  or  more  inliabi- 
tants,  that  bein,:;'  an  arbitrary  classification  without 
reference  to  the  existing  classification  by  general  law 
(Denman  v.  Broderick,  111  Cal.  96,  43  Pac.  51G);  the 
"McClure  Charter,"  i)ecause  it  only  applied  to  consol- 
idated city  and  county  governments  of  a  designated 
population  (Desmond  v.  Dunn,  55  Cal.  242);  a  pro- 
vision of  the  County  Government  Act  providing  for 
salaries  in  addition  to  fees  of  constables  in  townships 
numbered  one  to  ten  in  counties  of  one  particular 
class  (Lougher  v.  Soto,  129  Cal.  010,  62  Pac.  184);  an 
act  giving  laborers  employed  by  corporations  by  the 
week  or  month  a  lien  for  wages  (Slocum  v.  Bear  Val- 
ley Irr.  Co.,  122  Cal.  555,  55  Pac.  403);  a  law  depriv- 
ing certain  persons  arbitrarily  of  the  right  to  partici- 
pate in  an  election  (Spier  v.  Baker,  120  Cal.  370,  52 
Pac.  659);  an  act  directed  at  and  applicable  to  one 
particular  named  municipal  coi-poi'ation,  and  taking 
away  a  large  part  of  its  territory  (People  v.  Common 
Council,  85  Cal.  3G9,  24  Pac."  727;  Fisher  v.  Police 
Court,  86  Cal.  358,  24  Pac.  1000);  an  act  to  remedy 
the  failure  on  the  part  of  the  tax  collector  to  publish 
the  names  of  the  owners,  etc.  (Moore  v.  Patch,  12 
Cal.  265). 

See,  also,  cases  cited  below  under  particular  subdi- 
visions of  this  section. 

Subdivision  1. — An  act  establishing  an  additional 
police  court  in  San  Francisco,  with  the  same  jurisdic- 
tion, and  to  be  governed  by  the  same  rules  as  the 
court  already  existing,  is  not  a  special  law.  (Ex 
parte  Jordan,  62  Cal.  464.) 

This  subdivision  does  not  apply  to  the  terms  of  of- 
fice of  justices  of  the  peace.  (Kahn  v.  Sutro,  114  Cal. 
316,  46  Pac.  87.) 

An  act  creating  a  justice's  court  for  one  particular 
named  town  and  fixing  its  jurisdiction  is  a  special 
law.  (Miner  v.  Justice's  Court,  121  Cal.  264,  53  Pac. 
795.) 

Subdivision  2.— An  act  making  it  a  misdemeanor 
"for  any  person  engaged  in  the  business  of  baking  to 
engage,  or  to  permit  others  in  his  employ  to  engage, 
in  the  business  of  baking  for  the  purpose  of  sale,  be- 
tween the  hours  of  6  o'clock  P.  M,  on  Saturday  and 


Art.  IV,  §  25      CONSTITUTION  OF  1ST9.  106 

6  o'clock  P.  M.  on  Sunday,"  is  a  special  law.  (Ex 
liarte  Westerlielcl,  55  Cal.  550.) 

An  act  making  it  unlawful  to  keep  open  any  place 
of  business  on  Sunday,  but  exempting'  hotels,  board- 
ing-houses, barber-shops,  baths,  marlvcts,  restaiu-ants, 
taverns,  liveiy-stables,  and  retail  drug  stores  held  not 
to  be  a  special  law.     (Ex  parte  Koser,  GO  Cal.  177.) 

This  section  does  not  prohibit  the  legislature  from 
authorizing  by  general  laws  ordinances  which  would 
be  special  laws  if  enacted  by  the  legislature  directly. 
(Ex  parte  Chin  Yan,  60  Cal.  78.) 

An  act  allowing  certain  convicts  in  the  city  and 
county  of  San  Francisco  to  be  imprisoned  in  the 
house  of  correction  instead  of  the  county  jail  or  state 
prison  does  not  violate  this  subdivision.  (Ex  parte 
Williams,  S7  Cal.  78,  24  Pac.  602.) 

An  act  establishing  an  additional  police  court  in 
San  Francisco,  with  the  same  jurisdiction  and  to 
be  governed  by  the  same  rules  as  the  court  already 
existing,  is  not  a  special  law.  (Ex  parte  Jordan,  62 
Cal.  464.) 

An  act  making  it  a  misdemeanor  to  keep  open  a 
barber-shop  on  Sundays  and  other  holidays  is  special 
legislation.  (Ex  parte  Jentzsch,  112  Cal.  468,  44  Pac. 
803.) 

Subdivision  3.— A  provision  in  the  municipal  cor- 
poration act  that  in  cities  of  one  class  it  sliall  not  be 
necessary  to  plead  or  prove  the  existence  or  validity 
of  any  ordinance  thereof,  and  that  courts  shall  take 
judicial  notice  thereof,  is  special  legislation.  (City 
of  Tulare  v.  Ilevrcn,  120  Cal.  226,  58  Pac.  530.) 

A  provision  in  the  act  supplemental  to  the  "Wright 
Act,"  that  in  a  proceeding  to  coutirm  the  organization 
and  bonds  of  an  irrigation  district  "a  motion  for  a 
new  trial  must  be  made  upon  the  minutes  of  the 
court,"  is  repugnant  to  this  provision.  (Cullen  v. 
Glendora  Water  Co.,  113  Cal.  503,  39  Pac.  709,  45  Pac. 
822.) 

The  "Bank  Commissioners'  Act,"  providing  for  the 
winding  up  of  bani<ing  corj)oraiions,  and  to  that  ex- 
tent superseding  tlie  i>rovisi()ns  of  tlie  general  Insol- 
vent Act,  is  constitutional.  (People  v.  Superior 
Court,  100  Cal.  105,  34  I'ac.  402.) 


107  cox\sTiTUTioN  OF  1879.       Art.  IV,  §  25 

An  act  providing:  tlie  form  of  a  complaint  in  an  ac- 
tion to  condemn  land  is  valid.  (San  Francisco  v. 
Kiernan,  98  Cal.  014,  33  Pac.  720.) 

An  act  requiring  an  undertaking  on  the  part  of  the 
plaintiff  in  actions  of  libel  and  slander  is  not  a  spe- 
cial law.  (Smith  v.  McDermott.  93  Cal.  421,  29  Pac. 
34.) 

The  word  "practice"  includes  all  "pleadings."  (Peo- 
ple V.  Central  Pac.  E.  R.  Co.,  83  Cal.  393,  23  Pac. 
303.) 

A  law  providing  for  a  special  form  of  complaint 
in  an  action  to  recover  an  assessment  of  taxes 
against  a  railroad  situated  in  more  than  one  coimty, 
is  in  violation  of  this  section.  (People  v.  Central  Pac. 
K.  R.  Co.,  83  Cal.  303,  23  Pac.  303.  But  see  People 
V.  Central  Pac.  R.  R.  Co..  105  Cal.  57G,  38  Pac.  905.) 

An  act  allowing  certain  convicts  in  the  city  and 
county  of  San  Francisco  to  be  imprisoned  in  the 
house  of  correction  instead  of  the  county  jail  or 
state  prison  does  not  violate  this  subdivision.  (Ex 
parte  Williams.  87  Cal.  78,  24  Pac.  G02,  25  Pac.  248.) 

An  act  establishing  an  additional  police  court  in 
San  Francisco,  with  the  same  jurisdiction  and  to  be 
governed  by  the  same  rules  as  the  court  already  ex- 
isting, is  not  a  special  law.  (Ex  parte  Jordan,  62  Cal. 
464.) 

Subdivision  6.— Under  this  subdivision  the  legisla- 
ture cannot  bj'  special  law  change  the  name  of  a  cor- 
poration, but  may  by  general  law  provide  for  such 
-change  by  the  superior  court  upon  application  of  the 
incorporators.  (Matter  of  La  Societe  Francaise,  etc., 
123  Cal.  525,  56  Pac.  458.) 

Subdivision  7. — The  act  of  1891  supplemental  to 
the  Vrooman  Act,  relating  to  street  work  in  all  mu- 
nicipalities, is  a  general  law.  (Hellman  v.  Shoultors, 
114  Cal.  136,  44  Pac.  915,  45  Pac.  1057.) 

Subdivision  9. — A  law  providing  that,  in  coimties 
of  one  particular  class  only,  witnesses  in  criminal 
cases  shall  be  entitled  to  the  same  fees  as  jurors,  in 
the  discretion  of  the  court,  is  special.  (Turner  v. 
Siskiyou  Co.,  100  Cal.  332,  42  Pac.  434.) 

A  provision  of  the  County  Government  Act,  thflt  in 
counties  of  a  certain  class  county  licenses  collected 


Art.  IV,  §  25      coxsTiTUTiox  of  1S79.  lOS 

In  cities  shall  be  paid  into  the  treasuries  of  such 
cities  for  street  improvements,  is  in  violation  of  this 
subdivision.  (San.  Luis  Obispo  v.  Graves,  84  Cal.  71, 
23  Pac.  10.32.) 

The  provisions  of  the  County  Government  Act  of 
1893  empowerinc:  cei'tain  of  the  county  officers  in 
counties  of  one  class  to  appoint  a  certain  number  of 
deputies,  whose  salaries  are  fixed  by  the  act  and 
made  payable  out  of  the  county  treasury,  is  valid. ' 
althouiih  in  other  counties  the  principals  must  pay 
the  salaries  of  their  deputies.  (Tulare  Co.  v.  May, 
118  Cal.  303.  50  Pac.  427;  Freeman  v.  Barnum,  131 
Cal.  3S6.  Welsh  v.  Bramlet.  98  Cal.  219,  33  Pac  60, 
and  Walser  v.  Austin,  104  Cal.  128,  37  Pac.  8G9,  over- 
ruled.) 

An  act  directing  the  municipality  to  pay  a  particu- 
lar claim  acrainst  it  is  in  violation  of  this  provision. 
(Conlin  v.  Supervisors,  114  Cal.  404,  46  Pac.  279.) 

Subdivision  10.— A  law  providing  that  taxes  upon 
personal  property  iinseeured  by  real  estate  shall  be 
collected  at  the  time  of  the  assessment,  and  before 
the  time  provided  for  the  collection  of  taxes  uix)u 
other  property,  is  valid.  (Rode  v.  Si«^be,  119  Cal.  518, 
51  Pac.  869,  Van  Fleet,  .T.,  and  Ilariison,  J.,  dissent- 
ing; Pacific  Postal  etc.  Co.  v.  Dalton,  119  Cal.  604, 
51  Pac.  1072.) 

Section  10  of  article  13  of  the  constitution  is  not 
"a  local  or  special  law"  passed  by  the  Icsislature. 
(San  Francisco  etc.  R.  R.  Co.  v.  State  Board,  GO  Cal. 
12.) 

A  law  providing  a  special  method  of  assessment 
and  collection  of  taxes  against  railroads  situated  in 
more  than  one  county  is  special  legislation.  (Peoi)le 
V.  Central  Pac.  R.  R.  Co..  83  Cal.  393,  23  Pac.  303. 
But  see  People  v.  Central  Pac.  R.  R.  Co.,  105  Cal. 
576.  38  Pac.  905.) 

Subdivision  11— In  forming  a  new  county  the  leg- 
islature may  make  special  ]n-ovisions  as  to  the  first 
election  to  be  lield  in  it,  and  as  to  all  tilings  which 
must  be  done  in  order  to  complete  tlie  organization 
and  preserve  the  oi-deriy  and  liarmonious  adniinislra- 
tlon  bf  the  laws  tliereiu.  (People  V.  McFaddeu,  81 
Cal.  489,  22  Pac.  851.) 


109  CONSTITUTION  OF  1879.       Art.  IV,  §  25 

A  law  creating  and  providing  for  the  organization 
of  a  new  county  is  not  within  the  prohibition  against 
special  and  local  legislation.  (People  v.  Glenn  Co., 
100  Cal.  410.  35  Pac.  302.) 

An  act  creating  a  new  connty  may  provide  for  the 
collection  of  taxes  levied  before  the  formation  of  the 
county,  but  collected  afterward.  (Kings  County  v. 
Johnson,  104  Cal.  198.  37  Pac.  870.) 

The  Primary  Election  Law  of  1895,  being  express- 
ly confined  in  its  operation  to  counties  of  the  first 
and  second  class,  is  local  and  special.  (Mai*sh  v.  Su- 
pervisors, 111  Cal.  368,  43  Pac.  975.) 

Subdivision  13. — A  law  providing  a  special  method 
of  assessment  and  collection  of  taxes  against  rail- 
roads situated  in  more  than  one  county  is  special  leg- 
islation. (People  V.  Central  Pac.  R.  R.  Co..  83  Cal.- 
393.  23  Pac.  303.  But  see  People  v.  Central  Pac.  R.. 
R.  Co.,  105  Cal.  576,  38  Pac.  905.) 

Subdivision  16. — An  act  attempting  retroactively 
to  exempt  resident  nephews  and  nieces  from  the  pay- 
ment of  unpaid  taxes  upon  collateral  inheritances  is 
in  violation  of  this  provision.  (Estate  of  Stanford, 
126  Cal.  112,  54  Pac.  259,  58  Pac.  462.) 

Subdivision  19.— Tulare  Co.  v.  May,  118  Cal.  303, 
50  Pac.  427;  People  v.  Superior  Court,  100  Cal.  105, 
34  Pac.  492. 

Subdivision  20.— A  law  providing  a  special  method 
of  assessment  and  collection  of  taxes  against  rail- 
roads situated  in  more  than  one  county  is  special 
legislation.  (People  v.  Central  Pac.  R.  R.  Co.,  83  Cal. 
393,  23  Pac.  303.  But  see  People  v.  Central  Pac.  R. 
R.  Co.,  105  Cal.  576,  38  Pac.  905.) 

Subdivision  23. — An  act  making  it  a  misdemeanor 
for  a  pawnbrolier  to  charge  or  receive  more  than  two 
per  cent,  per  month  Interest  is  not  a  special  law.  (Ex 
parte  Llchtenstein,  67  Cal.  359,  7  Pac.  728.) 

Subdivision  24.— People  v.  Central  Pac.  R.  R.  Co., 
83  Cal.  393,  23  Pac.  303;  People  v.  Central  Pac.  R. 
R.  Co.,  105  Cal.  576,  S8  Pac.  905. 

Subdivision  27.— The  fixing  of  salaries  of  teachers 
is  part  of  the  "management  of  the  common  schools." 
(Earle  v.  Board  of  Education,  55  Cal.  489.) 
Constitution — 10 


Art.  ly,  §  25      CONSTITUTION  OF  1879.  110 

An  act  relating  to  salaries  of  school  teachers  irii 
cities  having  one  hundred  thousand  inhabitants  or 
more  is  local  and  unconstitutional.  (Earle  v.  Board 
of  Education,  55  Cal.  4S9.) 

An  act  providing  that  in  cities  having  a  board  of 
education  the  city  treasurer  is  to  have  the  custody  of 
the  state  and  county  school  money  appropriated  to 
the  citv  is  a  special  law.  (Bruch  v.  Colombet,  104 
Cal.  347,  38  Pac.  45.) 

Subdivision  28. — An  act  authorizing  the  police  com- 
missioners of  Sacramento  to  appoint  policemen  not 
exceeding  tliirty  in  number  is  a  special  law.  and 
creates  officers  within  the  meaning  of  this  subdivision 
(Farrell  v.  Board  of  Trustees,  85  Cal.  408,  24  Pae 
868.) 

The  word  "officers"  includes  policemen  in  cities 
and  includes  all  officers  wlio  exercise  their  office  and 
perform  their  duties  within  the  limits  of  either  politi 
cal  division  mentioned.  (Farrell  v.  Board  of  Trus 
tees,  85  Cal.  408,  24  Pac.  868.) 

An  act  directing  the  municipality  to  pay  a  partica 
lar  claim  against  it  is  in  violation  of  this  subdivision 
(Coulin  V.  Supervisors,  114  Cal.  404,  46  Pac.  279.) 

An  act  creating  offices  in  but  one  class  of  counties 
arbitrarily  created  and  designated  by  population 
without  reference  to  the  classilicntion  contained  in 
the  general  law,  is  in  violation  of  this  provision, 
(San  Francisco  v.  Broderick.  125  Cal.  188,  57  Pac 
887.) 

This  subdivision  does  not  prevent  the  passage  of  a 
special  law  as  to  a  board  of  harbor  couimisslonors 
for  the  bay  of  San  Diego.  (People  v.  MuUeuder,  132 
Cal.  217.) 

See.  also.  Ex  parte  Jordan,  02  Cal.  4(>4;  Welsh  v. 
Bramlet,  9S  Cal.  219,  33  Pac.  66;  Tulare  Co.  v.  May, 
118  Cal.  303,  50  Pac.  427. 

Subdivision  28.— An  act  making  an  appropriation 
to  pay  the  salary  of  an  officer  during  a  certain  period 
before  tlie  amount  of  the  salary  has  been  fixed  is  not 
in  violation  of  this  section.  (Smith  v.  Dunn,  ()4  Cal. 
164,  28  Pac.  232.  Suiitii  v.  Kenlield,  57  Cal.  138,  dis- 
tinguisi>f»d.) 

'I'he  County  Govoniincnt  Act  is  not  in  viohition  of 
tills  urovlsion.  (Lrouyau  v.  Solano  Co.,  65  Cal.  122, 
o  i  ..«-.  4i»3.j 


Ill  co>'STiTUTiox  OF  1879.       Art.  IV,  §  25 

An  act  fixing  the  salaries  of  coiinty  officers  and 
providing  that  in  all  counties,  except  counties  of 
three  designated  classes,  it  should  not  take  effect  un- 
til the  expiration  of  the  terms  of  the  incumbents,  and 
in  those  three  it  should  take  effect  the  first  day  of 
the  month  succeeding  its  passage,  is  a  special  law. 
(Miller  v.  Kister.  68  Cal.  142.  8  Pac.  813.) 

An  act  readjusting  the  salaries  of  all  county  of- 
ficers of  counties  of  a  particular  class  is  a  general 
law.     (Cody  v.  Murphey,  89  Cal.  522,  26  Pac.  1081.) 

An  act  making  an  appropriation  to  pay  James  W. 
Rankin  for  services  in  the  state  treasurer's  office  is 
not  in  violation  of  this  section.  (Rankin  v.  Colgan, 
92  Cal.  605,  28  Pac.  673.) 

An  act  providing  that  when  the  population  of  an 
existing  county  shall  he  reduced,  by  reason  of  the 
creation  of  any  new  county  from  the  territory  there- 
of, below  the  class  first  assumed  by  it  under  the  act, 
it  should  be  the  duty  of  the  supervisors  of  such  coun- 
ty to  designate  the  class  to  whicli  such  county  has 
been  reduced,  is  a  general  law.  (Kumler  v.  Supervis- 
ors, 103  Cal.  393.  37  Pac.  3.S3.) 

A  provision  of  the  fee  bill  allowing  justices  of  the 
peace  a  certain  portion  of  the  fees  collected  by  them, 
without  reference  to  the  classification  contained  in 
the  County  Government  Act.  is  a  special  law.  (Dwy- 
er  V.  Parker,  115  Cal.  544.  47  Pac.  372.) 

The  provision  of  the  County  Government  Act  of 
1897,  providing  for  salaries  in  certain  counties  in 
lieu  of  fees  and  per  diem,  is  valid.  (Vail  v.  San  Di- 
ego, 126  Cal.  35,  58  Pac.  392.) 

See,  also.  Ex  parte  Jordan,  62  Cal.  464;  Tulare  Co. 
V.  May.  118  Cal.  303,  50  Pac.  427. 

Subdivision  33. — In  Earle  v.  Board  of  Education, 
55  Cal.  489,  it  was  suggested,  but  not  decided,  that 
the  court  may  determine  whether  a  general  law  can 
be  made  applicable  in  a  given  case. 

As  to  whether  the  legislative  determination  of  the 
question  whether  a  general  law  can  be  made  appli- 
cable is  conclusive,  discussed  but  not  decided.  (Peo- 
ple V.  Mullender,  132  Cal.  217.) 

A  law  cannot  be  held  invalid  merely  becaiise,  in 
the  opinion  of  the  court,  it  would  have  been  possible 
to  have  framed  a  general  law  under  which  the  pur- 


Art.  IV,  §  26      CONSTITUTION  OF  1879.  112 

pose  of  the  special  law  could  have  been  accom- 
plished.    (People  V.  Mullender,  132  Cal.  217.) 

It  Is  impossible  for  the  court  to  say  that  a  general 
law  could  be  made  applicable  to  the  subject  of  forma- 
tion of  new  counties.  (People  v.  McFadden,  SI  Cal. 
489,  22  Pac.  Sol.) 

A  law  requiring  cities  of  two  designated  classes  to 
make  effort  to  agree  with  the  owners  of  land  sought 
to  be  condemned,  before  instituting  condemnation 
proceedings,  is  special  legislation.  (Pasadena  v. 
Stimson,  91  Cal.  238,  27  Pac.  604.) 

A  provision  of  the  County  Government  Act  that  in 
all  counties  of  one  particular  class  certain  additional 
fees  shall  be  collected  for  filing  the  inventory  in  es- 
tates of  deceased  persons,  is  violative  of  this  section. 
(Bloss  V.  Lewis,  109  Cal.  493,  41  Pac.  1081.) 

The  act  of  1895,  providing  for  the  disincorporation 
of  municipal  corporations  of  the  sixth  class,  is  not  a 
special  law.  (Mintzer  v.  Schilling,  117  Cal.  361,  49 
Pac.  209.) 

The  act  of  1893,  providing  a  special  method  of  col- 
lecting fees  in  cities  and  counties  of  over  one  hun- 
dred tliousand  inhabitants,  is  a  special  law.  (Rauer 
V.  Williams,  118  Cal.  401.  50  Pac.  691.) 

An  act  providing  a  special  mode  of  conducting  the 
election  of  directors  of  mining  corporations  is  a  spe- 
cial law.  (Krause  v.  Durbrow,  127  Cal.  681,  60  Pac. 
438.) 

An  act  providing  that  no  misnomer  of  the  owner 
shall  affect  any  assessment  by  an  irrigation  district 
is  a  general  law.  (^Eseondido  High  Sdiool  Dist.  v. 
Escondido  Seniinaiy.  130  Cal.  128.  62  Pac.  401. » 

See,  also.  .Alarsh  v.  Supervisors.  Ill  Cal.  368,  43 
Pac.  975;  People  v.  Superior  Court,  100  Cal.  105.  34 
Pac.  492:  Conlln  v.  Supervisors,  114  Cal.  404,  46  Pac. 
279;  Tulare  Co.  v.  May,  118  Cal.  303,  50  Pac.  427;  Ex 
parte  Jcutzscli.  112  Cal.  468,  44  Pac.  803. 

Sec.  2G.  The  legislature  shall  have  no  power 
to  authorize  lot.tx>rics  or  gift  enterprises  for  any 
purpose,  and  shall  pass  laws  to  prohil)it  the  sale 
in  this  state  of  lottery  or  gift  enterprise  ticket.s, 


Article  IV,  Section  254. 

Sec.  254.  The  legislature  may  provide  for  the 
division  of  the  state  into  fish  and  game  districts, 
and  may  enact  such  laws  for  the  protection  of 
fish  and  game  therein  as  it  may  deem  appropriate 
to  the  respective  districts.  (Amendment  adopted 
X()vem])er4,  1902.) 


113  CONSTITUTION  OF  1879.       Art.  IV,  §  26 

or  tickets  in  any  scheme  in  the  nature  of  a  lot- 
tery. The  legislature  shall  pass  laws  to  regulate 
or  prohibit  the  buying  and  selling  of  the  shares 
of  the  capital  stock  of  corporations  in  an}'  stock 
board,  stock  exchange,  or  stock  market  under  the 
control  of  any  association.  All  contracts  for  the 
sale  of  shares  of  the  capital  stock  of  any  cor- 
poration or  association,  on  margin  or  to  be  de- 
livered at  a  future  day,  shall  be  void,  and  any 
money  paid  on  such  contracts  may  be  recovered 
by  the  party  paying  it  by  suit  in  any  court  of 
competent  jurisdiction. 

LOTTERIES.— Under  this  section  an  ordinance 
malcing  the  mere  possession  of  a  lottery  ticket  a  mis- 
demeanor is  valid.  (Collins  v.  Lean,  68  Cal.  284,  9 
Pac.  173.) 

SALE  OF  STOCK  ON  MARGIN.— This  provision  is 
remedial,  not  penal.  (Parl^er  v.  Otis,  130  Cal.  322, 
62  Pac.  571.) 

It  is  not  in  conflict  with  the  federal  constitution. 
(Parker  v.  Otis,  130  Cal.  322,  62  Pac.  571.) 

Whether  or  not  a  particular  transaction  is  in  vio- 
lation of  this  provision  is  a  question  of  fact.  (Bald- 
win V.  Zadig,  104  Cal.  594,  38  Pac.  363.) 

This  provision  -will  not  be  extended  so  as  to  for- 
bid the  delivery  of  stock  as  a  conditional  payment 
for  the  purchase  of  land,  with  a  gnaranty  of  cash 
value,  and  an  aareenient  to  take  it  back  at  the  end 
of  two  years,  upon  request,  and  to  make  the  pay- 
ments in  cash.  (Maurer  v.  King,  127  Cal.  114,  59 
Pac.  290.) 

An  undisclosed  principal  may  recover  money  paid 
by  his  agent  upon  a  contract  in  violation  of  this  sec- 
tion.    (Parker  v,  Otis,  130  Cal.  322,  62  Pac.  571.) 

This  provision  is  not  to  be  confined  to  tlie  particu- 
lar person  handinsr  over  the  money.  (Parker  v.  Otis, 
130  Gal.  322,  62  JPac.  571.) 


Art.  IV,  §  27     CONSTITUTION  OF  1879.  114 

This  provision  will  not  be  so  construed  as  to  permit 
an  evasion  of  it.  (Parker  v.  Otis,  130  Gal.  322,  62 
Pac.  571.) 

An  agreement  by  which  the  broker  is  to  purchase 
stock,  charging  the  customer  with  commissions  and 
the  interest  on  the  money  advanced,  and  holding  the 
stocks  as  security  until  their  sale,  the  customer  sim- 
ply receiving  and  paying  the  difference  between  the 
buying  and  selling  values  of  the  stock,  is  in  violation 
of  this  section.  (Cashman  v.  Boot,  89  Cal.  373,  26 
Pac.  883.) 

The  payment  of  a  mere  margin  of  the  cost  price 
of  stock  to  brokers,  under  an  agreement  that  the 
brokers  were  to  make  advances  for  the  purchaser, 
and  hold  the  stocks  purchased  as  security  for  their 
advances,  with  power  to  sell  to  protect  their  interest, 
without  delivery  to  the  purchaser  of  any  particular 
shares  of  stock  purchased,  but  with  readiness  of  the 
brokers  at  any  time  on  demand  to  deliver  a  like 
number  of  shares  upon  payment  of  all  balance  due, 
is  within  the  prohibition  of  tliis  section.  (Parker  v. 
Otis,  130  Cal.  322.  62  Pac.  571.) 

One  who  sues  to  recover  money  voluntarily  paid 
for  the  purchase  of  stocks  on  margins  or  to  be  de- 
livered at  a  future  day,  in  violation  of  this  provision, 
is  not  entitled  to  recover  interest  thereon.  (Baldwin 
V.  Zadig,  104  Cal.  594,  38  Pac.  363.) 

Sec.  27.  When  a  congressional  district  shall  be 
composed  of  two  or  more  counties,  it  shall  not  be 
separated  by  any  county  belonging  to  another 
district.  No  county,  or  city  and  county,  shall 
be  divided  in  forming  a  congressional  district  so 
as  to  attach  one  portion  of  a  county,  or  city  and 
county,  to  another  county,  or  city  and  county, 
except  in  cases  where  one  county,  or  city  and 
county,  has  more  population  than  the  ratio  re- 
quired for  one  or  more  congressmen;  but  the 
legislature  may  divide  any  county,  t)r  city  and 


115  CONSTITUTION  OF  1879.     Art.  IV,  §§  28,  29 

county,  into  as  many  congressional  districts  as 
it  may  be  entitled  to  by  law.  Any  county,  or 
city  and  county,  containing  a  population  greater 
than  the  number  required  for  one  congressional 
district,  shall  be  formed  into  one  or  more  con- 
gressional districts,  according  to  the  population 
thereof,  and  any  residue,  after  forming  such  dis- 
trict or  districts,  shall  be  attached  by  compact 
adjoining  assembly  districts,  to  a  contiguous  coun- 
ty or  counties,  and  form  a  congressional  district. 
In  dividing  a  county,  or  city  and  county,  into 
congressional  districts,  no  assembly  district  shall 
be  divided  so  as  to  form  a  part  of  more  than  one 
congressional  district,  and  every  such  congres- 
sional district  shall  be  composed  of  compact  con- 
tiguous assembly  districts. 

CONGRESSIONAL  DISTRICTS —As  to  the  ap- 
portionment of  the  state  in  general,  see  note  to  sec- 
tion 6  of  this  article. 

Sec.  28.  In  all  elections  by  the  legislature  the 
members  thereof  shall  vote  viva  voce,  and  the 
votes  shall  be  entered  on  the  journal. 

Sec.  29.  The  general  appropriation  bill  shall 
contain  no  item  or  items  of  appropriation  other 
than  such  as  are  required  to  pay  the  salaries  of 
the  state  officers,  the  expenses  of  the  government, 
and  of  the  institutions  under  the  exclusive  con- 
trol and  management  of  the  state. 

GENERAL  APPROPRIATION  BILL.— The  gener- 
al approi)riation  bill  cannot  create  an  oifice.  (Lewis 
V.  Colgan,  115  Cal.  529,  47  Pac.  357.) 


Art.  IV,  §§  30,  31     CONSTITUTION  OF  1879.  116 

Sec.  30.  Neither  the  legislature,  nor  any  coun- 
ty, city  and  county,  township,  school  district,  or 
other  municipal  corporation,  shall  ever  make  an 
appropriation,  or  pay  from  any  public  fund  what- 
ever, or  grant  anything  to  or  in  aid  of  any  religious 
sect,  church,  creed,  or  sectarian  purpose,  or  help 
to  support  or  sustain  any  school,  college,  univer- 
sity, hospital,  or  other  institution  controlled  by 
any  religious  creed,  church,  or  sectarian  denomina- 
tion whatever;  nor  shall  any  grant  or  donation  of 
personal  property  or  real  estate  ever  be  made  by 
the  state,  or  any  city,  city  and  county,  town,  or 
other  municipal  corporation  for  any  religious 
creed,  church,  or  sectarian  purpose  whatever;  pro- 
vided, that  nothing  in  this  section  shall  prevent 
the  legislature  granting  aid  pursuant  to  section 
twenty-two  of  this  article. 

Sec.  31.  The  legislature  shall  have  no  power 
to  give  or  to  lend,  or  to  authorize  the  giving  or 
lending,  of  the  credit  of  the  state,  or  of  any 
county,  city  and  coimty,  city,  township,  or  other 
political  corporation  or  subdivision  of  the  state 
now  existing,  or  that  may  be  hereafter  established, 
in  aid  of  or  to  any  person,  association,  or  corpora- 
tion, whether  municipal  or  otherwise,  or  to  pledge 
the  credit  thereof,  in  any  manner  whatever,  for 
the  payment  of  the  liabilities  of  any  individual, 
association,  municipal  or  other  corporation  what- 
ever; nor  shall  it  have  power  to  make  any  gift, 


117  CONSTITUTION  OF  1879.       Art.  IV,  §  31 

or  authorize  the  making  of  any  gift,  of  any  public 
money  or  thing  of  value  to  any  individual,  munic- 
ipal or  other  corporation  whatever;  provided,  that 
nothing  in  this  section  shall  prevent  the  legis- 
lature granting  aid  pursuant  to  section  twenty- 
two  of  this  article ;  and  it  shall  not  have  power  to 
authorize  the  state,  or  any  political  subdivision 
thereof,  to  subscribe  for  stock,  or  to  become  a 
stockholder  in  any  corporation  whatever. 

AID  TO  PRIVATE  ENTERPRISE  —An  appropri- 
ation to  a  railroad  company  to  aid  in  building  a  rail- 
road, in  consideration  of  valuable  services,  is  not  a 
^"ift  or  loan  of  the  credit  of  the  state.  (People  v. 
Pacbeco,  27  Cal.  175.) 

Under  the  former  constitution,  the  legislature 
might  compel  a  county  to  become  a  subscriber  to 
a  railroad,  and  the  legislature  was  the  sole  judge  of 
the  question  as  to  whether  the  railroad  was  a  public 
benefit.  (Napa  Valley  R.  R.  Co.  v.  Napa  Co.,  30  Cal. 
435.) 

GIFTS.— A  statute  will  not  be  held  unconstitutional 
on  the  ground  that  it  mali;es  a  gift,  unless  its  in- 
validity appears  upon  its  face  or  from  facts  of  which 
the  court  takes  .iudicial  notice.  (Conlin  v.  Super- 
visors, 99  Cal.  17,  33  Pac.  753;  Stevenson  v.  Col- 
gan,  91  Cal.  G19,  27  Pac.  1089;  Rankin  v.  Colgan, 
92  Cal.  603,  28  Pac.  673;  Bourn  v.  Hart,  93  Cal.  321, 
28  Pac.  951.) 

The  courts  will  take  judicial  notice  that  in  no 
ease  would  a  city  be  liable  for  any  portion  of  the 
expense  of  street  improvements;  and,  therefore,  an 
act  appropriating  money  for  the  same  is  unconstitu- 
tional. (Conlin  v.  Supervisors,  99  Cal.  17,  33  Pac. 
753.) 

A  gift,  as  used  in  this  section.,  includns  all  appro- 
priations for  which  there  is  no  authority  or  enforce- 
able claim,  or  which  rest  alone  upon  some  moral  or 
equitable  obligation,  which  in  the  mind  of  a  gen- 
erous or  even  just  individual,  dealing  with  his  own 


Art.  IV,   §  31      CONSTITUTION  OF  1879.  118 

money,  might  prompt  him  to  recognize  as  worthy 
of  reward.  (Conlin  v.  Supervisors,  99  Cal.  17,  33  Pac. 
753.) 

A  gift  within  the  meaning  of  this  section  is  a 
gratuitous  transfer  of  the  property  of  the  state,  made 
voluntarily  and  without  consideration.  (Yosemite 
Stage  etc.  Co.  v.  Dunn,  83  Cal.  264,  23  Pac.  3G0.) 

Under  the  former  constitution  the  legislature  might 
authorize  the  payment  of  claims  invalid  in  law,  hut 
equitable  and  just  in  themselves.  (Blanding  v.  Burr, 
13  Cal.  343;  Creighton  v.  San  Francisco,  42  Cal.  440.) 

But  a  mere  moral  obligation  will  not  make  a  trans- 
action other  than  a  gift.  (Molineux  v.  California,  10& 
Cal.  378,  42  Pac.  34.) 

The  legislature  has  no  power  to  make  gifts  to  its 
employees  or  to  allow  them  extra  compensation  af- 
ter service  rendered.  (Robinson  v.  Dunn,  77  Cal.  473, 
19  Pac.  878.) 

The  legislature  has  no  power  to  create  a  liability 
against  the  state  for  any  act  of  negligence  on  the 
part  of  its  officers.  (Chapman  v.  State,  104  Cal.  G90, 
38  Pac.  457.) 

A  mere  change  in  the  remedy  does  not  create  a 
liabilitv  against  the  state.  (Chapman  v.  State,  104 
Cal.  690,  38  Pac.  457.) 

An  act  attempting  retroactively  to  exempt  resident 
nephews  and  nieces  from  the  payment  of  unpaid 
taxes  upon  collateral  inheritances  is  in  violation  of 
this  provision.  (Estate  of  Stanford,  126  Cal.  112,  54 
Pac.  250,  58  Pac.  4f32.) 

A  purchase  of  an  unexpired  lease  of  the  Yosemite 
and  Wawona  wagon  road,  made  by  the  Yosemite 
commissioners,  is  not  a  gift.  (Yosemite  Stige  etc. 
Co.  V.  Dunn,  83  Cal.  2G4.  23  Pac.  309.) 

A  law  attempting  to  confer  a  right  to  recover  In- 
terest on  coupons  upon  which  there  was  before  no 
right  to  recover  interest  is  a  gift.  (Molineux  v.  Cali- 
fornia, 109  Cal.  378.  42  Pac.  34.) 

An  act  creating  an  exempt  firemen's  relief  fund, 
and  requiring  municipalities  to  aid  exenii)t  firemen 
who  never  rendered  tliem  any  service,  and  thus  creat- 
ing a  li;il)ility  where  none  existed  before,  is  in  viola- 
tion of  tliis  section.  (Taylor  v.  Mott,  123  Cal.  407, 
5G  Pac.  250.) 


119  co.xsTiTUTioN  OF  1879.       Art.  IV,  §  32 

As  to  whether  a  couti-act  by  a  municipal  corpora- 
tion to  pay  money  to  any  person  or  corporation  to 
secure  the  construction  of  a  railroad  would  be  in 
violation  of  this  section,  see  Higains  v.  San  Diego 
Water  Co.,  118  Cal.  524,  546,  45  Pac.  824,  50  Pac. 
670. 

An  net  providing  a  bounty  on  coyote  scalps  does 
not  constitute  a  gift.  (Incrjim  v.  Colgan,  106  Cal. 
113.  38  Pac.  31."),  39  Pnc.  437.) 

The  mei'e  fact  that  the  city  enjoyed  the  actual  ad- 
vantage of  certain  street  improvements  does  not 
create  any  moral  obligation,  and  cannot  support  a 
statute  appropriating  money  for  the  same.  (Conlin 
V.  Supervisors.  99  Cal.  17,  33  Pac.  753.) 

An  act  appropriating  five  thousand  dollars  for  the 
benefit  of  the  sufferers  from  the  Tia  Juana  floods  is 
clearly  violative  of  this  provision.  (Patty  v.  Oolgan, 
97  Cal.  251,  31   Pac.   1133.) 

An  appropriation  in  payment  of  a  claim  for  dam- 
ages on  account  of  personal  injuries  sustained  while 
in  the  service  of  the  state,  and  for  which  the  state 
is  not  responsible,  is  a  gift.  (Bourn  v.  Hart,  93  Cal. 
321,  28  Pac.  951.) 

An  act  creating  a  police  life  and  health  insurance 
fund,  and  providing  for  the  payment  into  such  fund 
of  a  certain  portion  of  the  salaries  of  police  officers, 
does  not  make  a  gift  of  puldic  money.  (Pennie  v. 
Reis,  80  Cal.  26G,  22  Pac.  176.) 

An  act  directing  the  payment  of  the  salary  of  an 
officer  of  an  irrigation  district  out  of  the  funds  of 
the  countv  is  in  violation  of  this  provision.  (Knox 
V.    Los   Angeles,   58   Cal.   59.) 

Sec.  32,  The  legislature  shall  have  no  power 
to  grant,  or  authorize  any  county  or  municipal 
authority  to  grant,  any  extra  compensation  or 
allowance  to  any  public  officer,  agent,  servant,  or 
contractor,  after  service  has  been  rendered,  or  a 
contract  has  been  entered  into  and  performed, 
in  whole  or  in  part,  nor  to  pay,  or  to  authorize 


Art.  lY,  §  32      CONSTITUTION  OF  1879.  120' 

the  pa}Tnent  of>  any  claim  hereafter  created 
against  the  state,  or  any  county  or  municipality 
of  the  state,  under  any  agreement  or  contract 
made  without  express  authority  of  law;  and  all 
such  unauthorized  agreements  or  contracts  shall 
be  null  and  void. 

EXTRA  COMPENSATION.— The  word  "law"  as 
used  in  this  section  is  used  in  the  same  sense  as  the 
word  "statute,"  and  inclndes  an  unconstitutional  stat- 
ute.    (Miller  v.  Dunn,  72  Cal.  4G2.  14  Pac.  27.) 

This  section  does  not  prevent  the  lo.cislature  from 
making  an  appropriation  to  pay  a  claim  for  work 
done  on  behalf  of  tlie  state,  in  pursuance  of  an  act 
of  the  lejxislature.  which  is  judicially  declared  uncon- 
stitutional after  the  performance  of  the  work.  (Miller 
V.    Dunn,    72    Cal.   4(12,    14   Pac.    27.) 

An  act  creating  an  exempt  firemen's  relief  fund, 
and  requiring  municipalities  to  aid  exempt  firemen 
who  never  rendered  them  any  service,  and  thus  creat- 
ing a  liability  where  none  existed  before,  is  in  vio- 
lation of  this"  section.  (Taylor  v.  Mott,  123  Cal.  497, 
56  Pac.  200.) 

The  legislature  has  no  power  to  make  gifts  to  its 
employees  or  to  allow  them  extra  compens.ation  af- 
ter service  rendered.  (Rol)insou  v.  Dunn,  77  Cal.  473, 
19  Pac.  878.) 

A  contract  by  a  board  of  suporvlsor.s,  employing 
the  district  attorney  to  try  a  suit  in  another  county 
after  the  expiration  of  his  term  of  office,  does  not 
increase  his  salary  as  district  attorney,  and  is  valid, 
(Jones  V.  Morgan,  67  Cal.  30,9,  7  Pac.  734.) 

An  act  making  an  appropriation  to  pay  the  salary 
of  an  officer  during  a  certain  period  before  the 
amount  of  the  salary  has  been  fixed  is  not  in  viola- 
tion of  this  section.  (Smith  v.  Dunn,  CA  Cal.  104,  28 
Pac.  232.) 

An  act  providing  for  a  police  life  and  health  In- 
surance fund  does  not  grant  an  extra  coiiipeiisition 
In  viola  I  ion  of  this  section.  (Pcuuie  v.  Reis,  80  CaL 
266,  22  Pac.  176.) 


121  CONSTITUTION  OF  1879.     Art.  IV,  §§  33.  34 

A  contract  by  the  clerk  of  the  board  of  super- 
visors to  collect  a  claim  asainst  the -state  and  divide 
the  commission  with  the  district  attorney  is  in  vio- 
lation of  this  section.  (Power  v.  May,  li4  Cal.  207, 
46  Pac.  0.) 

Altlious2:h  there  is  no  express  authority  of  law  for 
the  board  of  examiners  to  appoint  an  expert,  they 
have  that  power,  since,  in  addition  to  its  express  pow- 
ers, a  board  has  such  additional  powers  as  are 
necessary  for  the  due  and  efficient  exercise  of  pow- 
ers expressly  granted,  or  as  may  be  faivlv  implied. 
(Lewis  V.  Colgan,  115  Cal.  529,  47  Pac.  357.) 

An  act  appropriating  money  for  the  salary  of  an 
expert  to  the  board  of  examiners  is  valid,  and  the 
employment  of  such  expert  by  the  board  is  not  void 
as  being  without  express  authority  of  law.  (Lewis 
V.  Colgan,  115  Cal.  529,  47  Pac.  357.) 

Sec.  33,  The  legislature  shall  pass  laws  for  the 
regulation  and  limitation  of  the  charges  for  ser- 
vices performed  and  commodities  furnished  by 
telegraph  and  gas  corporations,  and  the  charges 
by  corporations  or  individuals  for  storage  and 
wharfage,  in  which  there  is  a  public  use;  and 
where  laws  shall  provide  for  the  selection  of  any 
person  or  officer  to  regulate  and  limit  such  rates, 
no  such  person  or  officer  shall  be  selected  by  any 
corporation  or  individual  interested  in  the  busi- 
ness to  be  regulated,  and  no  person  shall  be  se- 
lected who  is  an  officer  or  stockholder  in  any  such 
corporation. 

WATER.  ■RATES— As  to  water  and  gas  rates,  see 
note  to  section  1,  article  14,  and  section  19,  article  11 

Sec.  34:.  No  bill  making  an  appropriation  of 
money,  except  the  general  appropriation  bill, 
shall  contain  more  than  one  item  of  appropria- 

Constituticn—ll 


Art.  IV,  §  35      CONSTITUTION  OF  1S79.  122 

tion,  and  that  for  one  single  and  certain  purpose 
to  be  therein  expressed. 

APPROPRIATIONS.— The  fact  that  an  act  mak- 
ing two  or  more  distinct  appropriations  has  but  one 
general  purpose  will  not  render  it  consistent  with 
this  provision  of  the  constitution.  (Murray  v.  Colgan, 
94  Cal.  435,  29  Pac.  871.) 

An  act  mailing  an  appropriation  for  a  bounty  for 
ramie  fibre,  and  also  an  appropriation  for  the  salary 
of  a  state  superintendent  of  ramie  culture,  is  in  vio- 
lation of  this  section.  (Murray  v.  Colgan,  94  Cal. 
435,   29   Pac.   871.) 

An  act  appropriating  money  for  the  purchase  of  a 
site  for  a  home  for  feeble-minded  children,  and  for 
the  erection  of  buildings  thereon,  is  not  in  violation 
of  this  section.  (People  v.  Dunn,  80  Cal.  211,  22  Pac. 
140.) 

See,  also.  People  v.  Counts,  89  Cal.  15,  19,  26  Pac. 
612;  State  v.  Sloan,  53  S.  W.  47, 

Sec.  35.  Any  person  who  seeks  to  influence 
the  vote  of  a  member  of  the  legislature  by  bribery, 
promise  of  reward,  intimidation,  or  any  other 
dishonest  means,  shall  be  guilty  of  lobbying, 
which  is  hereby  declared  a  felony;  and  it  shall  be 
the  duty  of  the  legislature  to  provide,  by  law,  for 
the  punishment  of  this  crime.  Any  member  of 
the  legislature,  who  shall  be  influenced  in  his 
vote  or  action  upon  any  matter  pending  before 
the  legislature  by  any  reward,  or  promise  of 
future  reward,  sliiill  be  deemed  guilty  of  a  felony, 
and  upon  conviction  thereof,  in  addition  to  such 
punishment  as  may  be  provided  by  law,  shall  be 
disfranchised  and  forever  disqualified  from  hold- 
ing any  office  or  public  trust.     Any  person  may 


Article  IV,  Section  36. 

Sec.  36.  The  legislature  shall  have  power  to 
establish  a  system  of  state  highways  or  to  declare 
any  road  a  state  highway,  and  to  pass  all  laws 
necessary  or  proper  to  construct  and  maintain 
the  same,  and  to  extend  aid  for  the  construction 
and  maintenance  in  whole  or  in  part  of  any 
county  highway.  (Amendment  adopted  Novem- 
ber 4,  1902.) 


1'^  CONSTITUTION  OF  1879.       Art,  IV,  §  35 

be  compelled  to  testify  in  any  lawful  investigation 
or  judicial  proceeding  against  any  person  who 
may  be  charged  with  having  committed  the  of- 
fense of  bribery  or  corrupt  solicitation,  or  with 
having  been  influenced  in  his  vote  or  action,  as 
a  member  of  the  legislature,  by  reward,  or  prom- 
ise of  future  reward,  and  shall  not  be  permitted 
to  withhold  his  testimony  npon  the  ground  that 
it  may  criminate  himself  or  subject  him  to 
public  infamy;  but  such  testimony  shall  not 
afterward  be  used  against  him  in  any  judicial 
proceeding,  except  for  perjury  in  giving  such 
testimony. 

LOBBYING.— The  term  'iobbying"  signifies  to  ad- 
dress or  solicit  members  of  a  legislative  body  with 
the  purpose  of  influencing:  their  votes.  (Colusa  Co.  v. 
Welch,  122  Cal.  428,  55  Pac.  243.) 

Services  rendered  by  an  attorney  in  endeavoring 
to  persuade  the  members  of  the  legislature  individu- 
ally to  act  favorably  upon  a  bill,  In  which  no  dis- 
honest, secret,  or  imfair  means  were  used,  do  not 
constitute  "lobbying"  within  the  meaning  of  this  sec- 
tion. (Poltz  V.  Cogswell,  86  Cal.  542,  25  Pac.  CO.  Ap- 
proved in  Colusa  Co.  v.  Welch,  122  Cal.  428,  55  Pac. 
243.) 

A  contract  to  pay  to  secure,  by  means  of  per- 
sonal solicitation,  and  by  means  of  private  inter- 
views with  moTnbers  of  the  legislature,  and  by  means 
of  lobbying,  the  defeat  of  a  bill  pending  in  the  leg- 
islature, is  prohibited  by  this  section.  (Colusa  Go. 
v.  Welch,  122  Cal,  428,  55  Pac.  243.) 


Art.  V,  §  1  CONSTITUTION  OF  1879.  124 


AETICLE  V. 

EXECUTIVE  DEPARTMENT. 

§    1.  Executive  power  vested  in  governor. 

§    2.  Election  of  governor  and  term  of  oflBce. 

§     3.  Eligibility  and  qualifications. 

§    4.  Returns  of  election— Counting  votes. 

§    5.  Governor  to  be  commander-in-chief  of  militia. 

§     6.  Executive  business  of. 

§    7.  To  see  tliat  laws  are  executed. 

§    8.  To  fill  vacancies  in  office. 

§     9.  When  to  convene  special  sessions. 

§  10.  Messages  to  legislature. 

§  11.  When  to  adjourn  legislature. 

§  12.  Disability  to  hold  other  offices. 

§  13.  Keeper  of  seal  of  state. 

§  14.  To  sign  and  seal  grants  and  commissions. 

§  15.  Lieutenant-governor— Election  of,  etc. 

§  IG.  When  powers  of  governor  devolve  on. 

§  17.  State  oliicers— Election  and  terms  of  oflBce. 

§  18.  Secretary  of  state— Duties  of. 

§  19.  Compensation  of  state  oliicers. 

§  20.  Governor— Ineligible  to   United  States  senate. 

Section  1.  The  supreme  executive  power  of 
this  state  shall  be  vested  in  a  chief  magistrate, 
who  shall  be  styled  the  Governor  of  the  State 
of  California. 


125  CONSTITUTION  OF  1879.      Art  V,  §§  2-4 

THE  GOVERNOR.— When  a  ministenal  duty,  af- 
fecting a  private  riglit,  is  specially  devolved  on  the 
governor  by  law,  he  may  be  compelled  to  perform 
the  same  by  writ  of  mandate.  (Middleton  v.  Low, 
30  Cal.  596;  Harpending  v.  Haight,  39  Cal.  189.) 

Sec.  2,  The  governor  shall  be  elected  by  the 
qualified  electors  at  the  time  and  places  of  voting 
for  members  of  the  assembly,  and  shall  hold  his 
office  four  years  from  and  after  the  first  Monday 
after  the  first  day  of  January  subsequent  to  his 
election,  and  until  his  successor  is  elected  and 
qualified. 

TERM.— The  term  is  fixed  at  four  years  certain, 
with  a  contingent  extension.  When  this  contingency 
happens,  this  extension  is  as  much  a  part  of  the 
entire  term  as  any  portion  of  the  four  years.  (People 
V.  Whitman,  10  Cal.  38.) 

Sec.  3.  No  person  shall  be  eligible  to  the  office 
of  governor  who  has  not  been  a  citizen  of  the 
United  States  and  a  resident  of  this  state  five 
years  next  preceding  his  election,  and  attained 
the  age  of  twenty-five  3'oars  at  the  time  of  such 
election. 

Sec.  4.  The  returns  of  every  election  for  gov- 
ernor shall  be  sealed  up  and  transmitted  to  the 
seat  of  government,  directed  to  the  speaker  of  the 
assembly,  who  shall,  during  the  first  week  of  the 
session,  open  and  publish  them  in  the  presence  of 
both  houses  of  the  legislature.  The  person  having 
the  highest  number  of  votes  shall  be  governor; 
but,  in  case  any  two  or  more  have  an  equal  and 


Art.  y,  §§  5-S      CONSTITUTION  OF  1879.  126 

the  highest  number  of  votes,  the  legislature  shall, 
by  joint  vote  of  both  houses,  choose  one  of  such 
persons  so  having  an  equal  and  the  highest  num- 
ber of  votes  for  governor. 

Sec.  5.     The  governor  shall  be  commander-in- 
chief  of  the  militia,  the  army  and  navy  of  thia ' 
state. 

Sec.  6.  He  shall  transact  all  executive  business 
with  the  officers  of  government,  civil  and  military, 
and  may  require  information,  in  writing,  from  the 
officers  of  the  executive  department,  vipon  any 
subject  relating  to  the  duties  of  their  respective 
offices. 

Sec.  7.  He  shall  see  that  the  laws  are  faith- 
fully executed. 

Sec.  8.  When  any  office  shall,  from  any  cause, 
become  vacant,  and  no  mode  is  provided  by  the 
constitution  and  law  for  filling  such  vacancy, 
the  governor  shall  have  power  to  fill  such  vacan- 
cy by  granting  a  commission,  which  shall  ex- 
pire at  the  end  of  the  next  session  of  the  legis- 
lature, or  at  the  next  election  l)y  the  people. 

APPOINTMENT  OF  OFFICERS.— After  the  Issu- 
ance of  tlie  f'oniiiiissioii.  tho  .uovonior  cannot  revoke 
tli(^  appointment.     (I'eople  v.  Cazneau,  20  Cal.  503.) 

Wliere  an  otlieor  Is  to  be  api)oin1etl  by  the  governor 
by  and  with  the  consent  of  the  senate,  and  the  rov- 
ernor  makes  an  appditilnient  diu'inj;  llie  r(>cess  of 
the  legisl.it ure,   he  cannut,   before  such  appointee  is 


127  CONSTITUTION  OF  1879.  Art  V,  §  8 

rejected  by  the  senate,  appoint  another  person  to 
the  oftice.     (People  v.   Mizner,   7   Cal.  519.) 

An  appointment  by  the  li'overnor  only  lasts  till 
the  next  election  by  the  people.  (Brool^s  v.  Melony, 
15  Cal.  58.) 

The  words  "next  election  by  the  people"  do  not 
mean  the  next  general  election,  or  the  next  election 
held  by  the  people,  but  that  the  appointee  shall  hold 
until  some  one  has  been  regularly  elected  to  fill  that 
office  in  the  manner  provided  by  law;  and  as  ap- 
plied to  the  lieutenant-governor  it  means  the  next 
gubernatorial  election.  (People  v.  Budd,  114  Cal.  IC.S, 
45  Pac.   lOGO.) 

The  words  "next  election  by  the  people"  mean  the 
next  election  after  the  vacancy  happens,  and  in  cases 
of  judges,  does  not  mean  the  next  general  judicial 
elocfion.     (People  v.  Mott,  3  Cal.  502.) 

This  provision  is  to  be  read  distributively,  so  that, 
if  the  office  is  elective,  the  ap])ointee  shall  hold 
till  the  next  election,  and  if  not  elective,  till  the  end 
of  the  next  session  of  the  legislature,  which  shall 
either  elect  a  successor  or  enact  laws  for  his  elec- 
tion.   (People  V.  Mott,  3  Cal.  502.) 

Officers. — The  term  "officer,"  as  used  in  this  sec- 
tion, is  sufficiently  comprehensive  to  include  all  per- 
sons in  any  public  station  or  employment  conferred 
by  the  government,  and  includes  the  clerks  of  the 
secretary  of  state.    (Vaughn  v.  English,  8  Cal.  39.) 

Vacancies. — This  provision  applies  only  to  va- 
cancies occurring  under  circumstances  such  that  the 
original  appointing  or  electing  power  cannot  act. 
Such  power  is  limited  by  the  period  when  the  people 
or  the  legislature  can  elect  or  appoint,  on  the  arrival 
of  which  period  his  power  ceases  and  the  right  of 
appointment  returns  to  the  original  appointing 
power.     (People  v.  Fitch,  1  Cal.  519.) 

Before  this  section  can  apply  two  things  must 
be  shown:  1.  That  a  vacancy  exists:  and  2.  That  no 
mode  of  filling  it  is  provided  by  law.  (People  v. 
Mizner,  7  Cal.  519.) 

This  section  has  no  application  to  the  filling  of  a 
vacancy,  the  mode  of  filling  which  is  provided  by  law. 
(People  V.  Cazueau,  20  Cal.  503;  People  v.  Stratton, 
28  Cal.  382.) 


Art.  V,  §  8  CONSTITUTION  OF  IS  i  9.  12S 

As  to  whether  or  not  this  section  has  any  ap- 
plication to  local  officers,  see  People  v.  Hammond, 
66   Cal.   654,   6  Pac.   741. 

The  power  to  fill  an  office  carries  with  it,  by  im- 
plication, the  power  to  fill  a  vacancy,  and  all  uec- 
essaiy  authority  to  carry  out  the  original  power,  and 
prevent  it  from  becoming  inoperative.  (.People  v. 
Fitch,  1  Cal.  519.) 

If  an  act  creating  an  office  provides  that  the  in- 
cumbent of  another  office  shall,  ex  officio,  fill  the 
office  created,  and  the  incumbent  is  prohibited  by 
the  constitution  from  holding  the  office,  there  is  no 
vacancy.     (People  v.   Sanderson.  30  Cal.  160.) 

"When  a  disti-ict  ,1ud.;e  resigns  during  his  term,  there 
is  a  vacancy  to  be  filled  by  the  governor,  and  the 
appointee  will  hold  until  the  next  general  election, 
or  at  most  until  the  qualification  of  the  person  elected 
by  the  people.     (People  v.  Posborough.  14  Cal.  180.) 

Where  an  officer  continues  to  discharge  the  duties 
of  the  office  after  the  expiration  of  his  term,  and 
before  the  qualification  of  his  successor,  there  is  no 
vacancy  in  the  office  within  the  meaning  of  this  sec- 
tion.   (People  v.  Edwards,  93  Cal.  153,  28  Pac.  831.) 

Absence  of  a  .iudge  from  the  state  does  not  create 
a  vacancy  within  the  moaning  of  this  section.  (Peo- 
ple V.  Wells,  2  Cal.  198,  610.  Anderson,  J.,  dissenting.) 

The  legislature  has  no  power  to  determine  when 
a  vacancy  exi.sts  within  the  meaning  of  this  section. 
(People  V.  Wells,  2  CaL  198,  610;  People  v.  Mizner, 
7  Cal.  519.) 

"When  the  constitution  clearly  enumerates  the 
events  that  shall  constitute  a  vacancy  in  a  particular 
office,  all  others  must  be  excluded.  (People  v.  AVhit- 
man.  10  Cal.  38.1 

Failure  of  an  elected  officer  to  qualify  does  not 
create  a  vacancy  in  the  office.  (People  v.  Whitman, 
10  Cal.  38.) 

No  vacancy  occurs  by  the  death,  removal,  or  resig- 
nation of  a  sheriff,  as  the  coroner,  by  operation  of 
law,  becomes  shcrilT  upon  the  hajipening  of  such  an 
event.      (I'eople   v.    I'iioonix,  6   Cal.   92.) 

As  to  whetlier  a  failure  to  elect  a  successor  leaves 
an  office  vacant  at  the  expiration  of  the  term,  see 
People  V.  Parker,  37  Cal.  639. 


129  CONSTITUTION  OF  1879.  Art.  Y,  §  8 

Particular  cases. — If  the  office  of  lieutenant- 
governor  becomes  vacant  during  his  term  of  office, 
the  governor  may  fill  tlie  vacancy  for  the  full  re- 
mainder of  the  unexpired  term.  (People  v.  Budd, 
114  Cal.  IGS,  45  Pac.  lOGO.) 

Where  a  fire  commissioner  was  appointed  under 
the  act  of  1878  by  the  judge  of  the  county  court  for 
the  term  of  four  years  and  until  his  successor  is 
appointed  and  qualified,  and  the  new  constitution 
superseded  the  appointing  functions  of  such  judge 
and  did  not  vest  them  in  any  other  person,  such 
commissioner  holds  over,  and  there  is  no  vacancy 
in  the  office.  (People  v.  Edwards,  93  Cal.  153,  28  Pac. 
831.) 

Where  the  position  of  state  printer  becomes  vacant 
during  the  session  of  the  legislature,  which  was  the 
appointing  power,  the  governor  has  no  power  to  ap- 
point a  successor.     (People  v.  Fitch,  1  Cal.  519.) 

Where  the  district  judge  was  to  be  appointed  by 
the  legislature  for  the  first  term  and  thereafter 
elected  by  the  people,  and  the  legislature  failed  to 
appoint,  and  the  governor  appoints  to  fill  the  vacancy, 
the  person  so  appointed  only  holds  till  the  next  elec- 
tion, and  not  till  the  next  session  of  the  legislature. 
(People  V.  Mott,  3  Cal.  502.) 

Where  an  officer  is  appointed  by  the  legislature  to 
hold  for  two  years,  and  until  his  successor  is  ap- 
pointed and  qualified,  and  the  succeeding  legislature 
fails  to  elect,  the  governor  may  appoint.  (People 
V.  Reid,  6  Cal.  288.) 

Where  the  legislature  fails  to  elect  a  successor 
to  an  officer  at  the  expiration  of  the  term,  the  gov- 
ernor may  appoint.  (People  v.  Baine,  6  Cal.  509; 
People  V.  Langdon,  8  Cal.  1.) 

Where  the  appointment  of  an  officer  is  vested  in 
the  governor,  with  the  advice  and  fonsent  of  the 
senate,  and  the  term  expires  during  the  recess  of 
the  senate,  the  governor  may  fill  such  vacancy  for 
the  full  term,  subject  only  to  be  defeated  by  non- 
concurrence  by  the  senate.  (People  v.  Audisou,  10 
Cal.  1.) 

When  the  legislature  provides  that  in  case  of  a 
vacancy  in  a  particular  office  a  board  shall  fill  it  un- 
til the  next  session  of  tlie  h'^islature.  tlie  filling  of 


Art.  V,  §§  9-11    CONSTITUTION  OF  1879.  130 

the  vacancy  is  provided  for  within  the  meaning  of 
this  section,  and  no  vacancy  is  caused  by  the  failnre 
of  the  legislature  to  elect  (People  v.  Parker,  37  Cal. 
639.) 

Sec.  9.  He  may,  on  extraordinary  occasions, 
convene  the  legislature  by  proclamation,  stating 
the  purposes  for  which  he  has  convened  it,  and 
when  so  convened  it  shall  have  no  power  to  legis- 
late on  any  subjects  other  than  those  specified 
in  the  proclamation,  but  may  provide  for  the 
expenses  of  the  session  and  other  matters  inciden- 
tal thereto. 

EXTRA  SESSIONS.— The  confirmation  of  appoint- 
ments by  the  governor  is  not  legislation  withiu  the 
meaning  of  this  section.  (People  v.  Blauding,  03  Cal. 
33.3.) 

Neither  is  the  proposing  of  constitutional  amend- 
ments.     (People  v.  Curry,  130  Cal.  82.  ()2  Pac.  516.) 

The  governor  is  the  sole  judge  of  the  existence 
of  an  extraordinary  occasion  for  convening  the  legis- 
lature. (Whitman  v.  AVilniingtou  etc.  li.  li.  Co.,  2 
Harr.  (Del.)  514.) 

Sec.  10.  lie  shall  communicate  by  message  to 
tlie  legislature,  at  every  st'ssioii,  tlu'  eoiulition  of 
the  state,  and  recommend  such  matters  as  he 
shall  deem  ex])cdient. 

Sec.  11.  In  case  of  a  disagreement  between  the 
two  houses  with  respect  to  the  time  of  adjourn- 
ment, the  governor  shall  have  power  to  adjourn 
the  legislature  to  such  time  as  he  may  tbink 
proper;  provided,  it  be  not  beyond  Ihe  time 
fixed  for  the  meeting  of  the  next  legislature. 


131  CONSTITUTION  OF   1S79.       Alt.  V,  §§  12-15 

Sec.  12.  No  person  shall,  while  holding  any 
office  under  the  United  States  or  this  state,  exer- 
cise the  office  of  governor  except  as  hereinafter 
expressly  provided. 

Sec.  13.  There  shall  be  a  seal  of  this  state, 
which  shall  be  kept  by  the  governor,  and  used  by 
him  officially,  and  shall  be  called  "The  Great  Seal 
of  the  State  of  California." 

Sec.  14.  All  grants  and  commissions  shall  be 
in  the  name  and  by  the  authority  of  the  people 
of  the  state  of  California,  sealed  with  the  great 
seal  of  the  state,  signed  by  the  governor,  and 
countersigned  by  the  secretary  of  state. 

Sec.  15.  A  lieutenant-governor  shall  be  elected 
at  the  same  time  and  place,  and  in  the  same 
manner,  as  the  governor,  and  his  term  of  office 
and  his  qualifications  shall  be  the  same.  He 
shall  be  president  of  the  senate,  but  shall  only 
have  a  casting  vote  therein.  [Amendment  adopted 
November  8,  1898.] 

[ORIGINAL  SECTIOX.l 
Sec.  15.  A  lieiitenant-ffovernor  shall  be  elected  at 
the  same  time  and  places,  and  in  the  same  manner, 
as  the  governor;  and  his  term  of  office  and  his  quali- 
fications of  eligibility  shall  also  be  the  same.  He 
shall  be  president  of  the  senate,  but  shall  have  only 
a  casting  vote  therein.  If,  during  a  vacancy  of  the 
office  of  governor,  the  lieutenant-governor  shall  be 
impeached,  displaced,  resign,  die,  or  become  Incapa- 


Art.  V,  §  16         coxsTiTUTiON  OF  1879.  182 

ble  of  performing  the  duties  of  his  office,  or  be  ab- 
sent from  the  state,  the  president  pro  tempore  of  the 
senate  shall  act  as  governor  until  the  vacancy  be 
filled  or  the  disability  shall  cease.  The  lieutenant- 
governor  shall  be  disqualified  from  holding  any  other 
office,  except  as  specially  provided  in  this  constitu- 
tion, during  the  term  for  which  he  shall  have  been, 
elected. 

Sec.  16.  In  case  of  the  impeachment  of  the  gov- 
ernor, or  his  removal  from  oflBce,  death,  inability 
to  discharge  the  powers  and  duties  of  his  office, 
resignation,  or  absence  from  the  state,  the  powers 
and  duties  of  the  office  shall  devolve  upon  the 
lieutenant-governor  for  the  residue  of  the  term, 
or  until  the  disability  shall  cease.  And  should  the 
lieutenant-governor  be  impeached,  displaced,  re- 
sign, die,  or  become  incapable  -of  performing  the 
duties  of  his  office,  or  be  absent  from  the  state, 
the  president  pro  tempore  of  the  senate  shall 
act  as  governor  until  the  vacancy  in  the  office  of 
governor  shall  be  filled  at  the  next  general  elec- 
tion, when  members  of  the  legislature  shall  be 
chosen,  or  until  such  disability  of  the  lieutenant- 
governor  shall  cease.  In  case  of  a  vacancy  in  the 
office  of  governor  for  any  of  the  reasons  above 
named,  and  neither  the  lieutenant-governor  nor  the 
president  pro  tempore  of  the  senate  succeed  to  the 
powers  and  duties  of  governor,  then  the  powers 
and  duties  of  such  office  shall  devolve  upon  the 
speaker  »of  the  assembly,  until  the  offiice  of  gov- 
ernor shall  be  filled  at  such  general  election. 
[Amendment  adopted  Xovcmber  8,  1898.] 


lo3  CONSTITUTION  OF  1879.     Art.  V,  §§  1(J,  IT 

[ORIGINAL  SECTION.] 
Sec.  16.  In  case  of  the  impeachment  of  the  gov- 
ernor, or  his  removal  from  office,  death,  inability  to 
discharge  the  powers  and  duties  of  the  said  office, 
resignation,  or  absence  from  the  state,  the  powers 
and  duties  of  the  office  shall  devolve  upon  the  lieu- 
tenant-governor for  the  residue  of  the  term,  or  until 
the  disability  shall  cease.  But  when  the  governor 
shall,  with  the  consent  of  the  legislature,  be  out  of 
the  state  in  time  of  war,  at  the  head  of  any  military 
force  thereof,  he  shall  continue  commander-in-chief 
of  all  the  military  force  of  the  state. 

Sec.  17.  A  secretary  of  state,  a  controller,  a 
treasurer,  an  attorney  general,  and  a  surveyor 
general  shall  be  elected  at  the  same  time  and 
places,  and  in  the  same  manner  as  the  governor 
and  lieutenant-governor,  and  their  terms  of  office 
shall  be  the  same  as  that  of  the  governor. 

EXECUTIVE  OFFICEIIS.— Neither  an  appointment 
by  the  governor,  nor  an  election  by  the  people,  had 
before  the  election  of  governor,  can  deprive  the  peo- 
ple of  their  right  to  fill  the  office  of  controller  at 
such  election.    (Brooks  v.  Melony,  1.5  Cal.  58.) 

The  controller  is  a  ministerial  officer  and  has  no 
discretion  as  to  the  issuance  of  warrants  for  ap- 
propriations.    (McCauley  v.  Brool^s,  IG  Cal.  11.) 

Although  the  constitution  is  wholly  silent  as  to 
the  duties  of  the  attorney  general,  secretary  of  state, 
controller,  and  treasurer,  and  contains  no  express 
limitation  on  the  power  of  the  legislature  as  to  the 
same,  yet  a  limitation  on  their  power  is  necessarily 
implied  from  the  nature  of  these  offices.  (Love  v. 
Baehr,  47  Cal.  364.) 

The  legislature  may  devolve  on  the  secretary  of 
state  the  performance  of  services  foreign  to  the  of- 
fice, and  may  pay  him  a  salary  therefor  in  addition 
Constitution— 12 


Art.  V,  §§  IS,  19     CONSTITUTION  OF  1S79.  134 

to  his  salary  as  secretary  of  state.     (?.Ielone  v.  State, 
51   Cal.  540;   Green  v.   State,   51   Cal.  577.) 

In  assigning-  duties  to  these  officers,  the  legislature 
possesses  a  wide  discretion,  and  while  the  legisla- 
ture cannot  compel  the  attorney  general  to  perform 
the  duties  of  a  member  of  the  board  of  examiners, 
it  may  compensate  him  for  doing  so  voluntarily. 
(Love  V,  Baehr,  47  Cal.  3G4.) 

Sec.  18.  The  secretary  of  state  shall  keep  a 
correct  record  of  the  official  acts  of  the  legisla- 
tive and  executive  departments  of  the  government, 
and  shall,  when  required,  lay  the  same,  and  all 
matters  relative  thereto,  before  either  branch  of 
the  legislature,  and  shall  perform  such  other 
duties  as  may  be  assigned  him  by  law. 

Sec.  19.  The  governor,  lieutenant-governor, 
secretary  of  state,  controller,  treasurer,  attorney 
general,  and  surveyor  general  shall,  at  stated 
times  during  their  continuance  in  office,  receive 
for  their  services  a  compensation  which  s.ball  not 
be  increased  or  diminished  during  the  term  for 
which  they  shall  have  been  elected,  wliich  com- 
pensation is  hereby  fixed  for  the  following  officers 
for  the  two  terms  next  ensuing  the  adoption  of 
this  constitution,  as  follows:  Governor,  six  thou- 
sand dollars  per  annum;  lieutenant-governor,  the 
same  per  diem  as  may  be  provided  by  law  for  the 
speaker  of  the  asscmbl}^,  to  be  allowed  only  during 
the  session  of  the  legislature;  tlie  secretary  of 
etate,  controller,  treasurer,  attorney  general,  and 
surveyor    general,    tlirec   ilioiisand    dollars    each 


loo  '  CONSTITUTION  OF  3879.         Art.  V,  §  20 

per  annum,  such  compensation  to  be  in  full  for  all 
services  by  them  respectively  rendered  in  any 
official  capacity  or  employment  whatsoever  during 
their  respective  terms  of  office;  provided,  however, 
that  the  legislature,  after  the  expiration  of  the 
terms  hereinbefore  mentioned,  may,  by  law,  di- 
minish the  compensation  of  any  or  all  of  such 
0"i5cers,  but  in  no  case  shall  have  the  power  to 
increase  the  same  above  the  sums  hereby  iixed  by 
this  constitution.  No  salary  shall  be  authorized 
by  law  for  clerical  service,  in  any  office  provided 
for  in  this  article,  exceeding  sixteen  hundred 
dollars  per  annum  for  each  clerk  employed.  The 
legislature  may,  in  its  discretion,  abolish  the  office 
of  surveyor  general;  and  none  of  the  officers  here- 
inbefore named  shall  receive  for  their  own  use 
any  fees  or  perquisites  for  the  performance  of 
any  official  duty. 

Sec.  20.  The  governor  shall  not,  during  his 
term  of  office,  be  elected  a  senator  to  the  senate 
of  the  United  States. 

TTNITED  STATES  SENATE.— This  provision  is  in- 
valid and  not  binding  upon  tlie  United  States  senate. 
Tlie  qualification  of  members  of  that  body  beius?  fixed 
by  the  United  States  constitution,  additional  ones 
cannot  be  required  by  the  states.  (Barney  v.  Mc- 
Creery,  1  Cong.  El.  Cas.  167;  Turney  v.  Marshall, 
2  Cong.  El.  Cas.  1G7;  Trumbull's  Case,  2  Cong.  El. 
Cas.  618.) 


Art.  "VI  CONSTITUTION  OF  1ST9.  136 


AETICLE  VI. 

JUDICIAL  DEPARTMENT. 

§    1.  Judicial  powers. 

§    2.  Supreme  court,  lio-w  constituted. 

§    3.  Election  of  supreme  justices. 

§    4.  Jurisdiction  of  supreme  court. 

§     5.  Superior  court,  jurisdiction, 

§     6.  Superior  court,  how  constituted. 

§     7.  Superior  judges,   apportionment  of  business. 

§  8.  Judge  may  bold  court  in  other  county— Judge 
pro  tempore. 

§     9.  Leave  of  absence— Limitation  of  time. 

§  10.  Justices  and  judges,  how  removed. 

§  11.  Justices  of  the  peace,  provision  for. 

§  12.  Courts  of  record. 

§  13.  Jurisdiction  of  inferior  courts  to  be  fixed  by 
legislature. 

§  14.  Clerlvs  of  courts  and  court  commissioners. 

§  15.  Judicial  officers  not  to  receive  fees  and  per- 
quisites. 

§  10.  Supreme  court  opinions  to  lie  pul)lished. 

§  17.  Compensation  of  justices  and  judges. 

§  18.  Justices  and  judges  ineligible  to  other  offices. 

§  19.  Charges  to  juries. 

§  20.  Style  of  process. 

§  21.  Keporter  of  supreme  court  decisions. 

§  22.  Judges  not  to  practice  law. 

§  23.  Eligibility  of  justices  and  judges. 

§  24.  Condition  precedent  to  draft  of  salary. 


137  coNSTiTUTio:^  OF  1879.  Art.  VI,  §  1 

Section  1.  The  judicial  power  of  the  state  shall 
be  vested  in  the  senate  sitting  as  a  court  of  im- 
peachment, in  a  supreme  court,  superior  courts, 
justices  of  the  peace,  rnd  -such  inferior  courts  as 
the  legislature  may  establish  in  any  incorporated 
city  or  town,  or  city  and  county. 

JUDICIAL  DEPARTMENT  —  Pre-constitutional 
courts. — The  correctness  of  the  proceedings  of  the 
courts  exercising  civil  jurisdiction  in  California  be- 
tween tbe  time  of  its  acquisition  by  the  United  Statps 
and  tbe  establisbment  of  a  state  government  are  not 
to  be  tested  by  the  sti'ict  rules  of  the  civil  Or  common 
law.     (Ryder  v.  Colin,  37  Cal.  69.) 

Judicial  power. — It  is  the  inherent  authority  not 
only  to  decide  but  to  make  binding  orders  or  judg- 
ments which  constitutes  judicial  power.  (People  v. 
Hayne,  83  Cal.  111.  23  Fac.  1.) 

The  legislature  cannot  enjoin  upon  a  private  per- 
son tbe  duty  of  settling  a  bill  of  exceptions,  nor  require 
a  judge  to  continue  to  discharge  judicial  duties  af- 
ter bis  term  of  office  has  expired,  though  it  may  au- 
thorize him  to  settle  such  bill.  (Leach  v.  Aitken,  91 
Cal.  484,  28  Pac.  777.) 

The  matter  of  the  adoption  of  children  is  not  part 
of  the  judicial  power  within  the  meaning  of  this  sec- 
tion, and  may.  therefore,  be  confeiTed  upon  a  judge 
as  distinguished  from  the  court.  (In  re  Stevens,  S3 
Cal.  322,*^  23  Pac.  379.) 

A  tribunal  presided  over  by  a  police  judge  is  a 
court.  (Boys'  and  Girls'  Aid  Soc.  v.  lleis,  71  Cal. 
027,  12  Pac.  79G.) 

The  legislature  cannot  confer  jurisdiction  of  special 
cases  upon  a  judge  as  distinguished  from  a  court. 
(Spencer  etc.  Co.  v.  Yallejo,  48  Cal.  70.) 

An  act  creating  supreme  court  commissioners  to 
assist  the  court— which  commissioners  simply  ex- 
amine the  record  and  report  to  the  court  their  con- 
clusions—is not  unconstitutional  as  vesting  judicial 
power  in  the  commissioners.  (People  v.  Hayne,  83 
Cal.  Ill,  23  Pac.  1.) 


Art.  Vl,  §  1  CONSTITUTION  OF  1879.  138 

Inferior  courts.— A  freebolders'  charter  is  not  a 
law  within  the  meaning  of  tliis  section,  and,  there- 
fore, an  inferior  court  cannot  be  established  by  such 
charter.  (Feoplo  v.  Toal,  85  Cal.  333.  24  Pac.  003; 
Miner  v.  Justice's  Court.  121  Cal.  204,  53  Pac.  795; 
Ex  parte  Sparks,  120  Cal.  395.  52  Pac.  715.) 

This  section  limits  the  power  of  the  legislature  to 
the  establishment  of  municipal  and  infei'ior  courts 
within  the  limits  of  an  incorpoi'ated  city  or  town. 
(Ex  parte  Stratman.  30  Cal.  517.) 

The  municipal  criminal  court  of  San  Francisco  is 
an  inferior  coiu't  within  the  meaning  of  this  section. 
(Ex  parte  Stratman,  39  Cal.  517;  People  v.  Nylaud, 
41  Cal.  129.) 

The  police  court  of  San  Francisco  was  not  abol- 
ished by  the  constitutional  amendments  in  18G2. 
(Peoplev.  Provines,  34  Cal.  520.) 

The  term  "municipal  courts"  has  a  legal  meaning 
and  includes  mayors'  and  recorders'  courts.  (Uridias 
V.   :Morrill,  22  Cal.  473.) 

The  legislature  may  vest  in  inferior  courts  jurisdic- 
tion of  cases  of  which  the  courts  established  by  the 
constitution  have  jurisdiction.  (Hickman  v.  0'Xe:il. 
10  Cal.  292;  Scale  v.  Mitchell,  5  Cal.  401;  Vas.sault 
V.  Austin,  36  Cal.  691;  Curtis  v.  Richards.  9  Cal.  33.) 

The  legislature  may  authorize  a  municipal  court 
to  send  its  process  beyond  the  territorial  limit'^  of 
the  municipality.  (Hickman  v.  O'Xeal,  10  Cal.  292. 
Meyer  v.  Kalkman,  6  Cal.  582,  overruled.) 

Judges  of  the  police  court  of  San  Francisco  are 
not  affected  by  the  provisions  of  the  County  Cov- 
crnment  Act,  but  derive  their  power  from  this  sec- 
tion and  the  act  of  1893.  (Kahn  v.  Sutro.  114  Cal. 
310.  40  Pac.  87;  In  re  Mitchell.  120  Cal.  384,  52  Pac. 
799.     r.ut  see  People  v.  Cobb,  21  Cal.  Dec.  779.) 

An  act  creating  police  courts  in  cities  having  fif- 
teen thousand,  and  under  eighleon  thousand,  inliabi- 
tants.  not  being  in  conlormity  with  the  general  c!as- 
silication  of  municipal  corporations,  is  void.  (Ex 
parte  Ciambonini,  117  Cal.  573,  49  Pac.  732.) 

An  act  creating  a  justice's  court  for  one  particu- 
lar namefl  town,  and  fixing  its  jurisdiction,  is  not 
authorized  by  this  section.  (Miner  v.  Justice's  Court, 
121    Cal.    204,    53    Pac.    795.) 


139  CONSTITUTION  OF  1879.  Art.  VI,  §  2 

The  late  superior  court  of  San  Francisco  was  an 
inferior  court,  but  its  process  ran  outside  of  tlie  city. 
(Cliipman  r.  Bowman,  14  Cal  157;  McCauley  v.  Ful- 
ton, 44  Cal.  355.) 

Sec.  3.  The  supreme  court  shall  consist  of  a 
chief  justice  and  six  associate  justices.  The  court 
may  sit  in  departments  and  in  bank,  and  shall 
always  be  open  for  the  transaction  of  business. 
There  shall  be  two  departments,  denominated, 
respectively,  department  one  and  department  two. 
The  chief  justice  shall  assign  three  of  the  as- 
sociate justices  to  each  department,  and  such  as- 
signment may  be  changed  by  him  from  time  to 
time.  The  associate  justices  shall  be  competent 
to  sit  in  either  department,  and  may  interchange 
with  each  other  by  agreement  among  themselves 
or  as  ordered  by  the  chief  justice.  Each  of  the 
departments  shall  have  the  power  to  hear  and 
determine  causes  and  all  questions  arising  therein, 
subject  to  the  provisions  hereinafter  contained  in 
relation  to  the  court  in  bank.  The  presence  of 
three  justices  shall  be  necessary  to  transact  any 
business  in  either  of  the  departments,  except  such 
as  may  be  done  at  chambers,  and  the  concurrence 
of  three  justices  shall  be  necessary  to  pronounce 
a  judgment.  The  chief  justice  shall  apportion 
the  business  to  the  departments,  and  may,  in  his 
discretion,  order  any  cause  pending  before  the 
court  to  be  heard  and  decided  by  the  court  in 
bank.  The  order  may  be  made  before  or  after 
judgment  pronounced  by  a  department :  but  where 


Art.  VI,  §  2  CONSTITUTION  OF  1879.  140 

a  cause  has  been  allotted  to  one  of  the  depart- 
ments, and  a  Judgment  pronounced  thereon,  the 
order  must  be  made  within  thirty  days  after  such 
judgment,    and   concurred   in   by   two    associate 
justices,  and  if  so  made  it  shall  have  the  effect 
to  vacate  and  set  aside  the  judgment.     Any  four 
justices  may,  either  before  or  after  judgment  by 
a  department,  order  a  case  to  be  heard  in  bank. 
If  the  order  be  not  made  within  the  time  above 
limited  the  judgment  shall  be  final.     No  judg- 
ment by  a  department  shall  become  final  until 
the  expiration  of  the  period  of  thirty  days  afore- 
said,  unless   approved   by   the   chief   justice,   in 
writing,   with  the  concurrence   of  two   associate 
justices.       The   chief   justice   may   convene   the 
court   in  bank   at  any   time,   and   shall   be  the 
presiding  justice  of  the  court  when  so  convened. 
The  concurrence  of  four  justices  present  at  the 
argument  shall  be  necessary  to  pronounce  a  judg- 
ment in  bank ;  but  if  four  justices,  so  present,  do 
not  concur  in  a  judgment,  then  all  the  justices 
qualified  to  sit  in  the  cause  shall  hear  the  argu- 
ment; but  to  render  a  judgment  a  concurrence  of 
four  judges   shall  be   necessary.     In   the   deter- 
mination of  causes,  all  decisions  of  the  court  in 
bank  or  in  departments  shall  be  given  in  writing, 
and  the  grounds  of  the  decision  shall  be  stated. 
The  chief  justice  may  sit  in  cither  department, 
and  shall  preside  when  so  sitting,  but  the  justices 
assigned  to  each  department  shall  select  one  of 


141  CONSTITUTION  OF  1879.  Art.  VI,  §  2 

their  number  as  presiding  justice.  In  ease  of  the 
absence  of  the  chief  justice  from  the  place  at 
which  the  court  is  held,  or  his  inability  to  act, 
the  associate  justices  shall  select  one  of  their  own 
number  to  perform  the  duties  and  exercise  the 
powers  of  the  chief  justice  during  such  absence 
or  inability  to  act. 

SUPREME  COURT.— This  section  by  implica- 
tion forbids  tbe  legislature  to  increase  the  number 
of  justices  of  tbe  supreme  court.  (People  v.  Wells, 
2  Cal.  198,  610.) 

In  the  absence  of  any  provision  on  the  subject, 
all  the  judt^es  composing:  the  court  must  sit.  (People 
V.  Ah  Chung,  5  Cal.  103;  People  v.  Barbour,  9  Cal. 
230.) 

The  word  "heard"  means  the  consideration  and 
determination  of  a  cause  by  the  court.  (Niles  v.  Ed- 
wards,  95   Cal.   41.   30   Pac.   134.) 

It  is  not  necessary  that  four  justices  be  physically 
present  at  an  oral  argument,  nor  that  all  of  the  jus- 
tices qualified  to  "sit"  shall  literally  "hear"  an  ai'- 
crument;  but  whenever  there  is  an  oral  argument, 
only  the  justices  who  were  present  at  such  argument 
are  authorized  to  take  part  in  the  decision  of  the 
court.     (Niles  v.  Edwards,  95  Cal.  41,  30  Pac.  134.) 

The  fact  that  one  of  the  judges  who  participated  in 
a  decision  of  the  court  did  not  hear  the  oral  argu- 
ment does  not  render  the  judgment  absolutely  void. 
It  is  an  irregularity  which  may  be  waived  by  the 
parties.     (Blanc  v.  Bowman,  22  Cal.  23.) 

Tbe  constitution  requires  tlie  concurrence  of  four 
judges  to  pronounce  a  judgment,  and  a  mere  failure 
to  agree  cannot  have  tlie  effect,  ipso  facto,  of  an 
affirmance;  and  where  the  personnel  of  the  court  is 
soon  to  be  changed,  a  motion  to  affirm  the  judgment 
on  account  of  an  equal  division  of  opinion  will  be 
denied.     (I.uco  v.  De  Toro,  88  Cal.  2G,  25  Pac.  983.) 

But  where  there  is  no  probability  of  an  immediate 
■change  in  the  personnel  of  the  court,  the  judgment 
will  be  affirmed.     (Fraukel  v.  Deidesheimer,  93  Cal. 


Art.  VI,  §  2  CONSTITUTION  OF  1879.  142 

73,  28  Pac.  794;  Santa  Rosa  City  R.  R.  Co.  v.  Rail- 
way Co.,  112  Cal.  436,  44  Pac.  733.) 

Opinions.— The  legislature  cannot  require  the 
supreme  court  to  give  in  writing  reasons  for  its  de- 
cisions.    (Houston  V.  Williams,  13  Cal.  24.) 

Rehearings.— In  an  original  proceeding  in  the 
supreme  court  the  proper  practice  is  to  move  for 
a  rehearing,  and  a  motion  for  a  new  trial  is  not. 
proper.  (In  re  Philbi-ook.  108  Cal.  14,  40  Pac.  1061: 
Grangers'  Bank  v.  San  Francisco,  101  Cal.  198,  .35 
Pac.  642.) 

There  is  only  one  supreme  court,  and  tlie  juris- 
diction which  is  vested  in  it  may  be  exercised  either 
in  bank  or  in  department.  The  court  in  banlc  has 
power  to  correct  an  error  in  or  modify  a  .iudgment 
rendered  in  a  department,  without  application  there- 
for, and  without  the  case  being  argued  in  bank. 
(Niles  V.  Edwards,  95  Cal.  41,  30  Pac.  134.) 

Although  a  petition  for  a  rehearing  by  the  court 
in  bank  is  filed  witliin  thirty  days  after  tlie  judg- 
ment in  department,  if  it  does  not  reach  tlie  hands 
of  the  court  until  after  the  expiration  of  the  period 
allowed  by  the  constitution  for  ordering  a  rehear- 
ing, the  petition  must  be  denied,  irrespective  of  its 
merits.     (Durgin  v.  Neal,  82  Cal.  595,  23  Pac.  133.) 

The  provision  of  this  section  as  to  the  granting 
of  rehearings  in  bank  after  the  decision  by  a  de- 
partnuMit  does  not  create  an  implication  against  the 
constitutional  power  of  the  court  in  bank  to  grant 
rehearings  in  cases  determined  by  it  in  bank.  (In  re 
Jessup,  SI  Cal.  408,  21  Pac.  970,  22  Pac.  742.) 

The  supreme  court,  in  bank,  has  power  to  grant 
rehearings  by  orders  of  the  court  entered  upon  its 
minutes,  without  the  written  signatures  of  live  jus- 
tices, and  the  legislature  cannot  take  that  power 
away.  (In  re  Jessup,  81  Cal.  408,  21  Pac.  976,  22 
Pac.  742.) 

An  order  modifying  a  judgment  is  not  rendered 
nugatory  by  reason  of  the  failure  of  the  clerk  to 
outer  it  in  the  minutes  until  after  the  ('Xi)iration  of 
tliirtv  days  from  tlu;  judgment  in  department,  (Niles 
v.  Edwards,  95  Cal.  41,  30  Pac.   134.) 


143  CONSTITUTION  OF   IST'J.  Art.  VI,  §  3 

Remittitur.— The  supreme  court  has  no  appellate 
jurisdiction  over  its  own  judgments.  (Leese  v.  Clark. 
20  Cal.  387.) 

Thei'efore,  after  the  issuance  of  the  remittitur,  the 
court  loses  .iurisdiction  of  the  cause.  (Blanc  v.  Bow- 
man. 22  Cal.  23;  Grogan  v.  Ruckle,  1  Cal.  193;  Mateer 
V.  Brown,  1  Cal.  231;  Davidson  v.  Dallas,  15  Cal. 
75;  Herrlich  v.  McDonald,  S3  Cal.  505,  23  Pac.  710: 
In  re  Levinson,  IDS  Cal.  450,  41  Pac.  483,  42  Pac. 
479;  Martin  v.  Wacjner,  124  Cal.  204,  56  Pac.  1023.* 

After  the  remittitur  has  been  duly  and  regulai-lr 
issued  without  inadvertence,  the  court  has  no  power 
to  recall  it,  except  in  a  case  of  mistake,  fraud,  or 
imposition.  (In  re  Levinson,  108  Cal.  450,  41  Pac. 
483.  42  Pac.  479.) 

The  mere  pendency  of  a  motion  to  modify  the 
judgment  is  not  sufficient  ground  for  recalling  the 
remittitur,  when  it  was  issued  without  inadvertence. 
(Herrlich  v.  McDonald,  83  Cal.  505,  23  Pac.  710.) 

Nor  is  the  fact  that  it  was  issued  after  the  death 
of  one  of  the  parties  ground  for  recalling  it  (Martin 
V.  Wagner,  124  Cal.  204.  5G  Pac.  1023.) 

But  the  remittitur  may  be  recalled  if  issued  by 
reason  of  fraud  or  imposition.  (Trumpler  v.  Trump- 
ler,   123   Cal.   248,  55  Pac.   1008.) 

Sec.  3.  The  chief  Justice  and  the  associate  jus- 
tices shall  be  elected  by  the  qualified  electors 
of  the  state  at  large  at  the  general  state  elections, 
at  the  times  and  places  at  which  state  officers  are 
elected;  and  the  term  of  office  shall  be  twelve 
years,  from  and  after  the  first  Monday  after  the 
first  day  of  January  next  succeeding  their  elec- 
tion; provided,  that  the  six  associate  justices 
elected  at  the  first  election  shall,  at  their  first 
meeting,  so  classify  themselves,  by  lot,  that  two 
of  them  shall  go  out  of  office  at  the  end  of  four 
years,  two  of  them  at  the  end  of  eight  years,  and 


A.rt.  VI,  §  4  CONSTITUTION  OF  1879.  1-J4 

two  of  them  at  the  end  of  twelve  years,  and  an 
entry  of  such  classification  shall  be  made  in  the 
minutes  of  the  court  in  bank,  signed  by  them, 
and  a  duplicate  thereof  shall  be  filed  in  the  office 
of  the  secretary  of  state.  If  a  vacancy  occur  in- 
the  office  of  a  justice,  the  governor  shall  appoint 
a  person  to  hold  the  office  until  the  election  and 
qualification  of  a  justice  to  fill  the  vacancy,  which 
election  shall  take  place  at  the  next  succeeding 
general  election,  and  the  justice  so  elected  shall 
hold  the  office  for  the  remainder  of  the  unexpired 
term.  The  first  election  of  the  justices  shall  be 
at  the  first  general  election  after  the  adoption 
and  ratification  of  this  constitution. 

JUSTICES.— Absence  of  a  justice  from  the  state 
is  not  such  a  vacancy  as  can  be  supplied  by  the  exec' 
utive,  and  an  act  antliorizing  an  appointment  in  such 
a  case  is  unconstitutional.  (People  v.  Wells,  2  CaL 
198,   610.) 

Sec.  4.  The  supreme  court  shall  have  appellate 
jurisdiction  in  all  cases  in  equity,  except  such  as 
arise  in  justices'  courts;  also,  in  all  cases  at  law 
which  involve  the  title  or  possession  of  real  estate, 
or  the  legality  of  any  tax,  impost,  assessment, 
toll,  or  municipal  fine,  or  in  which  the  demand, 
exclusive  of  interest  or  the  value  of  the  property 
in  controversy,  amounts  to  three  hundred  dollars; 
also,  in  cases  of  forcible  entry  and  detainer,  and 
in  proceedings  in  insolvency,  and  in  actions  to 
prevent  or  abate  a  nuisance,  and  in  nil  such  pro- 
bate matters  as  may  be  provided  hy  l;i\v;  also,  in 


145  CONSTITUTION  OF  1879.  Art.  VI,  §  4 

all  criminal  cases  prosecuted  by  indictment,  or 
information  in  a  court  of  record  on  questions  of 
law  alone.  The  court  shall  also  have  power  to 
issue  writs  of  mandamus,  certiorari,  prohibition, 
and  habeas  corpus,  and  all  other  writs  necessary 
or  proper  to  the  complete  exercise  of  its  appellate 
jurisdiction.  Each  of  the  justices  shall  have 
power  to  issue  writs  of  habeas  corpus  to  any  part 
of  the  state,  upon  petition  by  or  on  behalf  of  any 
person  held  in  actual  custody,  and  may  make 
such  writs  returnable  before  himself,  or  the  su- 
preme court,  or  before  any  superior  court  in  the 
state,  or  before  any  judge  thereof. 

JURISDICTION— In  general.— The  jiuisdiclion  of 
the  courts  as  established  by  the  constitution  cannot 
be  altered  by  the  legislature.  (Thompson  v.  Will- 
iams, 6  Cal.  88;  Hicks  v.  Bell,  3  Cal.  219;  Burgoyne 
V.  Supervisors.  5  Cal.  9;  Parsons  v.  Tuolumne  Co. 
Water  Co.,  5  Cal.  43;  People  v.  Applegate,  5  Cal. 
295;  Fitzgerald  v.  Urton,  4  Cal.  235;  Wilson  v.  Roach, 
4  Cal.  362;  Zander  v.  Coe,  5  Cal.  230;  Haight  v.  Gay, 
8  Cal.  297;  People  v.  Peralta,  3  Cal.  379:  Caulfield 
V.  Hudson,  3  Cal.  389.  But  see  Seale  v.  Mitchell,  5 
Cal.  401;  People  v.  Day,  15  Cal.  91.) 

An  affirmative  grant  of  jurisdiction  is  negative  of 
all  others.     (Burgoyne  v.   Supervisors,  5  Cal.  9.) 

But  the  grant  of  original  jurisdiction  to  a  partic- 
ular court,  of  a  particular  class  of  cases,  without 
any  words  excluding  other  courts  from  exercising- 
jurisdiction  in  the  same  cases,  does  not  deprive  other 
courts  of  concurrent  jurisdiction  in  such  cases,  when 
such  courts  are  given  jurisdiction  in  general  terms 
broad  enough  to  include  such  particular  cases.  (Court- 
Wright  V.  Bear  River  etc.  Co.,  30  Cal.  573.  Zander 
V.  Coe,  5  Cal.  230.  distinguished.) 

Where  jurisdiction  is  given  in  all  cases  not  other* 
Avise  provided  for  it  is  not  exclusive.  (People  v.  Fow- 
ler,   9    Cal.    85.) 

Constitution— 13 


Art.  VI,  §  4  CONSTITUTION  OF  1879.  146 

Consent  will  not  confer  jurisdiction.  (Feillett  v» 
Engler,  8  Cal.  76.) 

Supreme  court. — The  supreme  court  acquired  its 
.lurisdiction  from  the  constitution,  and  such  jurisdic- 
ton  can  neither  be  enlarged  nor  abridged  by  tlie  leg- 
islature. (In  re  Jessup,  81  Cal.  40S,  21  Pnc.  976.  22 
Pac.   742;  Ex  parte  Attorney  General.  1  Cal.  85.) 

The  constitution  has  not  clothed  the  supreme  court 
with  the  same  powers  and  jurisdiction  as  the  court 
of  Iving's  bench  in  England.  (Ex  parte  Attorney  Gen- 
eral, 1  Gal.  85.) 

Procedure.— The  right  of  appeal  is  conferred  by 
the  constitution,  and  statutes  and  rules  of  procedure 
for  its  exercise  are  to  be  liberally  construed;  and 
no  appeal  will  be  dismissed  on  tecluiical  grounds, 
when  there  has  been  no  violation  or  disregard  of  anv 
express  rules  of  procedure.  (Estate  of  Nelson,  Izi 
Cal.  242,  GO  Pac.  772.) 

The  legislature  cannot  impair  or  take  away  the 
appellate  jurisdiction  of  the  supreme  court,  but  it 
may  prescribe  the  mode  in  whicli  appeals  may  be 
taken.     (Haight  v.  Gay,  8  Cal.  297.) 

It  is  the  duty  of  the  supreme  court,  whose  juris- 
diction is  defined  by  tlie  constitution,  to  secure  uni- 
formity in  the  administration  of  justice,  and  the  leg- 
islature, as  a  co-ordinate  branch  of  the  government, 
cannot  interfere  with  that  function,  or  control  the 
use  by  the  appellate  court  of  the  power  and  discre- 
tion vested  in  it.  (San  Jose  R.  Co,  v.  San  Jose 
etc.  Co..  ]2(;  Cal.  322,  58  Pac.  824.) 

The  sui)remo  court  cannot  exercise  appellate  juris- 
diction by  means  of  a  writ  of  proliil)itiou,  without 
any  appeal,  and  in  a  case  to  Avhich  its  appellate 
lurisdiction  does  not  extend.  (Powelson  v.  Lock- 
wood,  82  Cal.  613,  28  Pac.  143.) 

When  the  constitution  gives  the  supreme  court 
Jurisdiction,  and  the  legislature  fails  to  prescribe  the 
means  for  taking  the  api)(>al,  the  sui)reme  court  has 
iulierent  power  to  establlsli  any  appropriate  system 
of  procedure.  (l*eo])le  v.  Jordan,  65  Cal.  644,  4  Pac. 
6S:5.  lUit  see  "Warner  v.  Hall.  1  Cal.  90;  Warner  V. 
Kelly,   1   Cal.  91;   Wi<ite  v.   Eighthall,   1   Cal.   347.) 

If  the  legislature  has  not  ijiovided  a  mode  of  ex- 
ercising the  jurisdiction   conferred  by  the  constilu- 


147  CONSTITUTION  OF  1879.  Art.  VI,  §  4 

tion,  a  case  may  be  bronsht  np  from  an  inferior 
court  to  the  supreme  court  by  writ  of  error.  (Ex 
parte  Thistleton,  52  Cal.  220;  Adams  v.  Town,  3 
Cal.  247.) 

The  legislature  may  prescribe  the  procedure  by 
which  the  jurisdiction  conferred  is  to  be  exercised, 
provided  the  regulations  adopted  do  not  substantially 
impair  the  constitutional  power  of  the  court,  or  prac- 
tically defeat  its  exercise.  (Ex  parte  Harker,  49 
Cal.  4f55.) 

Cases  at  law. — The  meaning  of  this  section  is  that 
the  supreme  court  shall  have  appellate  jurisdiction 
in  all  cases  at  law;  provided,  that  when  the  sub- 
ject of  litigation  is  capable  of  pecuniary  compensa- 
tion, the  matter  in  dispute  must  exceed  in  value 
or  amount  the  sum  of  three  hundred  dollars,  unless 
a  question  of  the  legality  of  a  tax,  etc.,  is  drawn 
in  question.     (Oonant  v.  Conant,  10  Cal.  249.) 

Therefore,  the  supreme  court  has  jurisdiction  of 
a  case  where  the  matter  in  dispute  is  incapable  of 
pecuniary  estimation.  (Conant  v.  Conant,  10  Cal. 
249.) 

The  words  "matter  in  dispute"  mean  the  subject 
of  litigation— the  matter  for  which  suit  Is  brought— 
and  do  not  include  costs.  (Dumphy  v.  Guindon,  13 
Cal.  28;  Maxfield  v.  Johnson,  30  Cal.  545;  Zabriskie 
V.  Torrey,  20  Cal.  373;  Votan  v.  Reese,  20  Cal.  89; 
Bolton  v.  Landers,  27  Cal.  106;  Henigan  v.  Ervin, 
110  Cal.  37.  42  Pac.  457.  Contra,  Gordon  v.  Ross, 
2  Cal.   156,  overruled.) 

But  where  the  supreme  court  obtains  jurisdiction 
of  the  appeal,  it  can  correct  the  costs  in  the  judg- 
ment.    (Votan  V.  Reese,  20  Cal.  89.) 

Neither  is  percentage  allowed  by  statute  any  part 
of  the  matter  in  dispute.  (Zabriskie  'v.  Torrey,  20 
Cal.  173.) 

Under  the  former  constitution,  before  the  amend- 
ments of  1862,  it  was  held  that  the  interest  due  forms 
part  of  the  matter  in  dispute.  (Skillmau  v.  Lachman, 
23  Cal.  198;  Malson  v.  Vaughn,  23  Cal.  61.) 

But  under  the  amendment  of  1862  and  under  the 
present  constitution  the  demand  must  exceed  three 
hundred  dollars,  "exclusive  of  interest."  (Dashiell 
V.  Slingerland,  60  Cal.  653.) 


Art.  VI,  §  4  coxsTiTUTioN  OF  1879.  148 

In  cases  at  law.  when  the  demand  in  controversy, 
exclusive  of  interest,  is  less  tban  three  hundred  dol- 
lars, the  supreme  court  has  no  jurisdiction.  (Sweet 
V.  Tice.  45  Cal.  71;  Votan  v.  Reese.  20  Cal.  89;  Max- 
field  V.  .Johnson.  30  Cal.  545;  Hopkins  v.  Cheeseman, 
2S  Cal.  180.) 

Tlie  words  "cases  at  law  ....  which  involve  .... 
the  les:ality  of  any  tax."  etc.,  refer  to  civil,  as  dis- 
tinguished from  criminal,  cases.  (People  v.  Johnson. 
30  Cal.  98.) 

The  record  must  affirmatively  show  that  the  case 
involves  the  constitutional  amount,  or  the  supnnne 
court  will  not  entertain  jurisdiction.  (Doyle  v.  Sea- 
wall. 12  Cal.  280.) 

If  the  appeal  is  by  the  plaintiff,  and  the  verdict 
for  the  defendant,  it  is  sufficient  if  the  amount  claimed 
by  the  complaint  exceeds  the  jurisdictional  amount. 
(Votan  V.  Reese,  20  Cal.  89;  Skillman  v.  Lachman, 
23  Cal.  198.) 

The  ad  damnum  clause  of  the  complaint  is  the 
test  of  jurisdiction  of  both  the  superior  and  supreme 
courts,  and  if  the  lower  court  had  jurisdiction,  the 
supreme  court  also  has  jurisdiction,  whatever  the 
amount  recovered,  and  whether  the  appeal  be  taken 
by  the  plaintiff  or  the  defendant.  (Solomon  v.  Reese. 
34  Cal.  28,  overruliufr  Votan  v.  Reese.  20  Cal.  89; 
Dashiell  v.  Slinserland.  GO  Cal.  (>5;',;  Lord  v.  Gold- 
berg:. 81  Cal.  590,  22  Pac.  1120;  Henigan  v.  Ervin. 
110  Cal.  37,  42  Pac.  457.) 

"Where  tlie  plaintiff,  having  a  judgment  of  more 
than  the  jurisdictional  amount,  sought  to  have  a 
judgment  against  hiui  for  less  than  two  hundred 
dollars  set  off  against  it.  the  supreme  court  has  no 
jurisdiction  of  an  appeal  from  an  order  denying  the 
"motion.    (Craudall  v.  Rlen.  15  Cal.  400.) 

I'he  fact  that  an  offset  is  pleaded  by  the  defend- 
ant which,  togetlier  witli  the  demand  of  the  plain- 
tiff", swells  tlie  am»nnit  to  more  tli;in  tlie  jurisdic- 
tional amount,  does  not  give  lli(>  court  jurisdiction. 
(Simmons  v.   T'.rainaid,   14  Cal.  278.) 

Tlie  appellate  jurisdiction  of  the  supreme  court  ex- 
tends to  an  ajipeal  from  a  judgment  of  a  superior 
«-ourt  dismissing  a  writ  of  certiorari,  and  allirniing  a 
judgUK'iit  of  a  justices  court,  wliicli  amounts  to  less 


149  CONSTITUTION  OF  1879.  Art.  VI,  §4 

than  tliroe  limulred  dollars.  (Heinlen  v.  Phillips, 
H8  Cal.  r..'j7,  2(i  Pac.  36G.  Bieueufeld  v.  Fresno  etc. 
Co.,  82  Cal.  42.5,  22  Pac.  1113,  overruled.) 

The  supreme  court  has  no  jurisdiction  of  an  ap- 
peal from  the  superior  court  in  an  action  commenced 
in  the  justice's  court  under  section  1200  of  the  Civil 
Code,  whether  the  action  be  viewed  as  a  suit  in 
equity  to  enforce  a  lien  upon  personal  property,  or  an 
action  at  law  for  waives  due.  (Edsall  v.  Short,  122 
Cal.  533,  55  Pac.  327.) 

The  fact  that  the  defendant  in  an  action  in  a  jus- 
tice's court  sets  up  a  counterclaim  in  excess  of  three 
hundred  dollars  does  not  give  the  supreme  court  jil- 
risdictiou  on  appeal.  (Maxfield  v.  Johnson,  30  Cal. 
&45.) 

A  proceeding  in  the  nature  of  a  quo  warranto  to 
try  the  title  to  a  public  office,  where  the  court  can 
impose  a  fine  of  five  thousand  dollars,  is  a  case  at 
law  in  which  the  demand  amounts  to  three  hundred 
dollars.  (People  v.  Perry,  79  Cal.  105,  21  Pac.  423; 
People  V.  Bingham,  82  Cal.  238,  22  Pac.  10.39.) 

Real  property.— Where  a  case  is  certified  to  the 
superior  court  from  the  justice's  court  on  the  ground 
that  it  involves  the  title  or  possession  of  real  prop- 
erty, the  supreme  court  has  jurisdiction  on  appeal, 
although  no  question  is  raised  on  tliat  subject  on  the 
appeal.  (Balcer  v.  Southern  Cal.  Ey.  Co.,  110  Cal. 
455,  42  Pac.  975.) 

A  mere  statement  by  counsel  that  a  case  involves 
the  title  or  possession  of  real  property  is  not  sufficient 
to  give  the  supreme  court  jurisdiction.  (Raisch  v. 
Sausalito  Land  etc.  Co.,  131  Cal.  215.) 

The  supreme  court  has  jiu'isdiction  of  an  action 
for  the  usurpation  of  a  franchise  for  a  toll  road, 
since  the  right  to  the  possession  of  real  property  is 
involved.  (People  v.  Horsley,  Go  Cal.  381,  4  Pac. 
384.) 

The  supreme  court  has  jurisdiction  in  actions  for 
damages  to  real  property,  when  the  title  thereto  is 
involved,  although  the  damages  claimed  are  less  than 
three  hundred  dollars.  (Doherty  v.  Thayer,  31  Cal. 
140.) 

Fines. — A  fine  imposed  by  a  county  court  for  wrong- 
fully demanding  and  collecting  toll,  is  not  a  munici- 
pal fine.     (People  v.  Johnson,  30  Cal.  98.) 


Art.  YI,  §  4  CONSTITUTION  OF  1879.  150 

On  the  trial  of  a  criminal  action  for  wrongfully 
collectincc  toll,  the  legality  of  the  fine  to  be  imposed 
in  case  of  a  conviction  is  not  involved.  (People  v. 
Johnson,  30  Cal.  9S.) 

Special  cases.— The  supreme  court  has  jurisdiction 
of  an  appeal  from  an  order  discharging  an  insolvent. 
(Fisk  V.  His  Creditors,  12  Cal.  281.) 

An  arbitration  is  a  special  proceeding.  (Fairchild 
V.  Doten.  42  Cal.  12.5.) 

A  proceeding  to  condemn  land  for  the  use  of  a  rail- 
road company  is  a  '"special  case."  (Stocliton  etc.  Co. 
V.  Galgiani,  49  Cal.  139.) 

Special  orders. — The  supreme  court  has  appellate 
jurisdiction  of  all  special  orders  made  after  final, 
judgment  in  the  superior  court,  without  reference  to 
the  amount  involved.  (Southern  Cal.  Ry.  Co.  v.  Su- 
perior Court,  127  Cal.  417.  59  Pac.  789;  Harron  v. 
Harron,  123  Cal.  508,  56  Pac.  334.  Langan  v.  I.an- 
gan,  83  Cal.  618,  23  Pac.  290.  and  Fairbanlis  v.  Lamp- 
kin,  99  Cal.  429,  34  Pac.  101,  overruled.) 

A  special  order  after  judgment,  refusing  to  strike 
out  a  cost-bill  in  the  superior  court  in  u  case  ap- 
pealed from  the  justice's  court,  is  not  appealable  to 
the  supreme  court,  altliough  the  cost-bill  anumnts  1o 
over  three  hundred  dollars.  (Henigan  v.  Ervin,  110 
Cal.  37,  42  Pac.  457.) 

An  order  for  twenty-flve  dollars  each  month  ali- 
mony, being  a  continuing  wder,  may  be  reviewed 
upon  appeal.  (Langan  v.  Langan,  86  Cal.  132,  24  Pac. 
852.     See  Harron  v.  Harron,  123  Cal.  508,  56  Pac.  334.) 

Criminal  cases. — Tlie  supreme  court  has  jurisdic- 
tion in  criminal  cases  upon  questions  of  law  alone. 
(People  V.  Logan,  123  Cal.  414,  56  Pac.  56;  People  v. 
Kuches.  120  Cal.  .566,  52  Pac.  1002;  People  v.  Small- 
man,  55  Cal.  185;  People  v.  Williams,  21  Cal.  Dec. 
788.) 

The  propriety  of  a  conviction  on  the  evidence  bo- 
comes  a  (lui'stion  of  law  only  when  there  is  a  clear 
failure  of  proof.  (Peoj)!!'  v.  Kuches,  120  Cal.  560, 
52  Pac.  1002;  People  v.  Smallman,  55  Cal.  185.) 

The  supreme  ccturt  lias  appellate  jurisdiction  of  all 
misdemeanors  prosecute<l  by  indictment  or  informa- 
tion. (People  V.  .Tordaii,  <i5  Cal.  <!44.  4  Pac.  <W3,  pre- 
scribing a  method  for  taking  such  appeals.) 


151  CONSTITUTION   OF   1879,  Aft.  VI,  §  4 

Under  the  former  constitution,  the  supreme  court 
had  no  jurisdiction  in  criminal  cases,  except  such  as 
amount  to  felony.  (People  v.  Apgar,  35  Cal.  389; 
People  V.  Johnson,  30  Cal.  98;  People  v.  Shear,  7  Cal. 
139:  People  v.  Vicli,  7  Cal.  1G5;  People  v.  Applegate, 
5  Cal.  295.) 

The  supreme  court  has  jurisdiction  of  an  appeal 
from  a  judgment  sustaining  a  demurrer  to  an  indict- 
ment for  misconduct  in  office.  (People  v.  Kalloch,  60 
Cal.  113.) 

The  supreme  court  has  jurisdiction  of  an  appeal  in 
a  criminal  case,  although  the  lower  court  had  no 
jurisdiction.     (People  v.  Pingree,  61  Cal.  141.) 

The  supreme  court  has  no  jurisdiction  of  an  ap- 
peal from  a  judgment  of  a  superior  court,  affirming 
a  judgment  of  the  police  court,  adjudging  a  defend- 
ant guilty  of  a  misdemeanor,  and  imposing  a  fine 
of  fifty  dollars,  it  not  being  "a  criminal  case  prose- 
cuted by  indictment  or  information  in  a  court  of  rec- 
ord." (People  V.  Meiggs'  Wharf  Co.,  65  Cal.  99,  3 
Pac.  491.) 

Under  the  former  constitution  the  jurisdiction  of 
the  supreme  court  in  criminal  cases  on  defendant's 
appeal  was  not  to  be  determined  by  the  offense 
charged,  but  by  the  offense  of  which  the  defendant 
was  convicted.     (People  v.  Apgar,  35  Cal.  389.) 

Probate.— The  supreme  court  has  jurisdiction  of 
only  such  appeals  in  probate  matters  as  are  provided 
by  law.  (Estate  of  Wallverly,  94  Cal.  352,  29  Pac. 
719;  Estate  of  Ohm,  82  Cal.  IGO,  22  Pac.  927;  Estate 
of  Moore,  86  Cal.  58,  24  Pac.  810;  Estate  of  Winslow, 
128  Cal.  311,  60  Pac.  931;  Estate  of  Wittmeier,  118 
Cal.  255,  50  Pac.  393.) 

An  order  compelling  an  administratrix  to  allow  her 
name  to  be  used  by  a  creditor  of  the  estate  is  a  pro- 
bate matter  within  the  meaning  of  this  section,  and, 
not  being  one  in  which  an  appeal  is  provided  by  law, 
no  appeal  lies.  (Estate  of  Ohm,  82  Cal.  160,  22  Pac. 
927.)  I 

Divorce.— An  action  for  divorce  is  a  case  in  equity 
within  the  meaning  of  this  section.  (Sharon  v.  Shar- 
on, 67  Cal.  185.  7  Pac.  456,  8  Pac.  709;  Cassidy  v.  Sul- 
livan, G4  Cal.  206,  28  Pac.  234.) 


Art.  YI,  §  4  coxsTiTUTioN  OF  1S79.  152 

The  snprpme  court  has  jurisdiction  of  an  appeal  in 
an  action  for  divorce.  (Couant  v.  Conant.  10  Cal. 
249.) 

Liens. — Under  the  former  constitution,  prior  to  the 
amendments  of  18G2.  the  supreme  court  had  no  juris- 
diction of  an  action  to  foreclose  a  mortgage  or  me- 
chanic's lien  when  the  amount  involved  did  not  ex- 
ceed two  hundred  dollars.  (Poland  v.  Carrigan.  20 
Gal.  174.)  Otherwise,  since  those  amendments.  (Wil- 
lis V.  Farley,  24  Cal.  490,  499.) 

Writs. — The  language  of  the  present  constitution 
giving  the  supreme  court  power  to  "issue  writs  of 
mandamus,  certiorari,  prohibition,  and  habeas  corpus, 
and  all  otlier  writs  necessary  or  proper  to  the  com- 
plete exercise  of  tlie  appellate  jurisdiction,"  has  the 
same  meaning  as  the  language  in  the  former  coiisii- 
tution  giving  it  power  to  "issue  writs  of  mandamus, 
certiorari,  pi'ohibition,  habeas  corpus,  and  also  all 
writs  necessar.v  or  proper  to  the  complete  exercise 
of  its  appellate  jurisdiction."  Thus  construed,  the 
section  .gives  the  court  original  jurisdiction  to  issue 
the  writs  specially  named.  (Hyatt  v.  Allen,  54  Cal. 
353.). 

The  writ  of  prohibition  mentioned  in  this  section  is 
the  writ  of  proliibition  as  known  to  the  common  law, 
and  its  office  is  to  restrain  subordinate  courts  and  in- 
ferior judicial  tribunals  from  exceeding  their  juris- 
diction.    (Maurer  v.   Mitcliell.  53  Cal.  2S9.) 

The  legislature  cannot  enlarge  or  extend  the  office 
of  the  Avrits  mentioned  in  this  section.  (Camron  v. 
Kenfield.  57  Cal.  5.10;  Farmers'  T'nion  v.  Thresher, 
62  Cal.  407;  Hobart  v.  Tlllson,  (iC,  Cal.  210,  5  I'ac  S,",.) 

In  issuing  writs  of  mandamus  or  other  prerogative 
writs,  the  supreme  court  and  the  several  sui)erior 
courts  are  i)e('rs -each  having  original  jm-isdiction; 
and  a  determination  thereon  by  a  superior  court  is 
conclusive  upon  the  supreme  court,  except  on  ap- 
peal. (Santa  Cruz  etc.  Co.  v.  Santa  Clara,  02  Cal. 
40.) 

The  supremp  court  will  not  entertain  an  applica- 
tion for  a  writ  of  mandamus,  or  other  prerogative 
writ,  wliere  tlie  jtclition  shows  no  sullh-icnt  r(»ason 
why   the  application   was  not   made  to  the  superior 


153  CONSTITUTION  OF  187'J.  Art .  \'  I ,  §  4 

court.     (Monzies   v.    Board   of   Equalization,   62    Oal. 
179.) 

Tlie  supreme  court  has  appellate  jurisdiction  in 
oases  of  mandamus.  (Palache  v.  Hunt,  G4  Cal.  473, 
2  Pac.  245.) 

Tlie  supreme  court  has  appellate  jurisdiction  in  a 
proceeding  in  the  nature  of  a  quo  warranto.  (Peo- 
ple V.  Perry.  79  Oal.  105,  21  Pac.  423.) 

The  supreme  court  may  exercise  its  appellate  juris- 
diction by  means  of  the  writs  mentioned  in  this  sec- 
tion.    (People  V.  Turner,  1  Cal.  143.) 

Mandamus  is  the  proper  remedy  to  compel  the  dis- 
trict court  to  restore  an  attorney  whose  name  has 
been  stricken  from  the  rolls  by  the  order  of  such 
court.     (People  v.  Turner.  1  Cal.  143.) 

Prior  to  the  amendment  of  18(i2,  the  supreme  court 
obuld  issue  writs  of  certiorari,  etc..  only  in  aid  of  its 
appellate  jurisdiction.  (ISIiliken  v.  Huber,  21  Cal.  166; 
Ex  parte  Attorney  General,  1  Cal.  85.) 

Under  the  amendment  of  18(!2,  the  supreme  court 
had  jurisdiction  to  issue  writs  of  mandamus,  etc., 
without  reference  to  its  appellate  jurisdiction.  (Ty- 
ler V.  Houghton,  25  Cal.  26:  Miller  v.  Supervisors, 
25  Cal.  93.) 

The  district  courts  had  jurisdiction  to  issue  writs 
of  mandate  regardless  of  the  amount  involved.  (Car- 
iaga  V.  Dryden,    30  Cal.  244.) 

The  jurisdiction  of  the  supreme  court  in  cases  of 
certiorari  does  not  depend  upon  the  amount  in  contro- 
versy.    (Winter  v.    Fitzpatrick,   35  Cal.    269.) 

The  writ  of  certiorari  can  be  rightfully  issued  only 
upon  an  order  of  the  court,  made  upon  application 
for  that  purpose,  and  not  upon  an  order  of  the  jus- 
tices of  the  court  as  such,  or  any  of  them.  (Smith 
V.  Oakland.  40  Cal.  481.) 

Miscellaneous. — The  supreme  court  has  no  jurisdic- 
tion of  an  appeal  from  a  judgment  in  a  proceeding 
under  section  772  of  tlie  Penal  Code,  for  the  reinov- 
al  of  public  officers.  (In  re  Curtis,  108  Cal.  ()61.  41 
Pac.  793;  Wheeler  v.  Donnell,  110  Cal.  655,  43  Pac. 
1.) 

The  supreme  court  has  appellate  jurisdiction  of  an 
appeal  in  a  civil  proceeding  to  remove  an  ofiicer. 
(Morton  v.  Broderick.  118  Cal.  474,  50  Pac.  644.^ 


A.rt.  VI,  §  5         CONSTITUTION  OF  1879.  154 

The  supreme  court  has  no  original  jurisdiction  to 
trv  the  title  to  an  office.  (People  v.  Harvey,  G2  Cal. 
508.) 

The  supreme  court  has  appellate  jurisdiction  of  an 
election  contest.  (Lord  v.  Dunster,  79  Cal.  477,  21 
Pac.  8G5.) 

The  supreme  court  has  no  jurisdiction  to  natural- 
ize aliens.     (Ex  parte  Knowles,  5  Cal.  300.) 

The  supreme  court  has  no  jurisdiction  of  an  appeal 
from  a  judgment  of  the  district  court  upon  appeal 
from  the  court  of  sessions.  (Webb  v.  Hanson,  3 
Gal.  65.) 

See.  5.  The  superior  court  shall  have  original 
jurisdiction  in  all  cases  in  equity,  and  in  all  cases 
at  law  which  involve  the  title  or  possession  of 
real  property,  or  the  legality  of  any  tax,  impost, 
assessment,  toll,  or  municipal  fine,  and  in  all 
other  cases  in  which  the  demand,  exclusive  of 
interest  or  the  value  of  the  property  in  contro- 
versy, amounts  to  three  hundred  dollars,  and  in 
all  criminal  cases  amounting  to  felony,  and  cases 
of  misdemeanor  not  otherwise  provided  for;  of 
actions  of  forcible  entry  and  detainer;  of  pro- 
ceedings in  insolvency;  of  actions  to  prevent  or 
abate  a  nuisance;  of  all  matters  of  probate;  of 
divorce  and  for  annulment  of  marriage,  and  of 
all  such  special  cases  and  proceedings  as  are  not 
otherwise  provided  for.  And  said  court  shall 
have  the  power  of  naturalization,  and  to  issue 
papers  therefor.  They  shall  have  appellate  juris- 
diction in  such  cases  arising  in  justices'  and  otiier 
inferior  courts  in  their  respective  counties  as  may 
be  prescribed  by  law.     They  shall  be  always  open 


155  CONSTITUTION  OF  187D.         Art.  VI.  §  5 

(legal  liolidays  and  nonjudicial  days  excepted), 
and  their  process  shall  extend  to  all  parts  of  the 
state;  provided,  that  all  actions  for  the  recovery 
of  the  possession  of,  quieting  the  title  to,  or  for 
the  enforcement  of  liens  upon  real  estate,  shall 
be  commenced  in  the  county  in  which  the  real 
estate,  or  any  part  thereof  affected  by  such  action 
or  actions,  is  situated.  Said  courts,  and  their 
judges,  sliall  have  power  to  issue  writs  of  man- 
damus, certiorari,  prohibition,  quo  warranto,  and 
habeas  corpus,  on  petition  by  or  on  behalf  of  any 
person  in  actual  custody  in  their  respective  coun- 
ties. Injunctions  and  writs  of  prohibition  may 
bo  issued  and  served  on  legal  holidays  and  non- 
judicial days. 

JURISDICTION"     OF     SUPERIOIl    COURT  —  In 

general. — The  superior  court  ia  a  court  of  penernl 
jurisdiction.  (Bishop  v.  Superior  Court.  87  Cal.  22G, 
25  Pac.  435;  Caiupe  v.  Lassen,  67  Cal.  130,  7  Pac. 
430.) 

Its  jurisdiction  is  conferred  bv  the  constitution. 
and  cannot  be  taicen  away  by  the  Ifcrislature.  (Tulare 
V.  Hevren,  12G  Cal.  226,  58  Pac.  530.) 

This  section  was  intended  to  be  prospective  only 
in  its  operation,  and  does  not  apply  to  actions  pend- 
ing when  the  constitution  went  into  effect.  (Gurnee 
T.  Superior  Court,  58  Cal.  88;  Watt  v.  Wright,  60  Cal. 
202.  5  Pac.  91.) 

This  section  does  not  prohibit  the  leg-islature  from 
alloT^.inc:  judicial  business  to  be  transacted  on  a  lesnl 
holiday  or  nonjudicial  day.  (People  v.  Soto,  65  Cal. 
621,  4  Pac.  604.) 

As  to  jurisdiction  in  general,  scs  note  to  last  sec- 
tion. 

Cases  at  law. — The  ad  damnum  clause  of  the  cora- 
plaiut  determines  tlie  jurisdiction  of  the  superior 
court.     (Dashiell  v.  Slingerlaud,  60  Cal.  653;  Jackson 


Art.  YI,  §  5  CONSTITUTION  OF  1879.  15G 

V.  Whartenby,  5  Cal.  94;  Maxfield  y.  Johnson.  30  Cal. 
545:  Greeubaum  v.  Martinez,  86  Cal.  459.  25  Pac.  12; 
Bailey  v.  Sloan,  65  Cal.  387,  4  Tac.  349:  Derby  v. 
Stevens,  64  Cal.  287,  30  Pac.  820:  Rodley  v.  Curry, 
120  Cal.  541,  52  Pac.  999;  Tulare  v.  Hevren,  126  Cal. 
226,  58  Pac.  530.) 

The  "demand"  spoken  of  in  this  section  is  a  de- 
mand for  judgment,  evidenced  by  the  prayer  of  the 
complaint,  and  a  statement  of  facts  which  can  uphold 
the  judgment  prayed  for.  (Derby  v.  Stevens,  64  Cal. 
287,  30  Pac.  820,  arguendo.) 

The  jurisdiction  depends  upon  the  amount  de- 
manded in  good  faith  in  the  complaint.  (Jackson  v. 
Whartenby.  5  Cal.  94,  arguendo.) 

In  an  action  for  conversion,  where  the  value  of  the 
property  sued  for  and  the  money  expended  in  pur- 
suit of  it  exceed  three  hundred  dollars,  the  superior 
court  has  jurisdiction,  although,  separately  consid- 
ered, neither  of  them  is  equal  to  that  sum.  (Green- 
baum  V.  Martinez.  86  Cal.  459,  25  Pac.  412.) 

The  superior  court  has  no  jurisdiction  of  a  counter- 
r-laim,  under  subdivision  2  of  section  438  of  tlie  Code 
of  Civil  Procedure,  for  less  than  three  hundred  dol- 
lars, where  it  is  not  pleaded  as  a  defense,  but  merel.y 
as  a  ground  for  atlirmative  relief.  (Griswold  v. 
Pieratt,  110  Cal.  259,  42  Pac.  820.) 

A  counterclaim  for  less  than  tliree  hundred  dollars 
may  be  pleaded  in  an  action  in  tlie  superior  court  l).v 
way  of  defense,  but  no  atlirmative  judgment  can  be 
rendered  thereon.  (Freeman  v.  Seitz,  126  Cal.  291, 
58  Pac.  690.) 

An  action  for  less  than  the  constitutional  amount 
does  not  confer  jurisdiction.  (I'a.ge  v.  Ellis,  9  Cal. 
248.) 

P.ut  where  the  amount  sued  for  exceeds  the  juris- 
dictional amount,  the  court  has  jurisdiction,  althougli 
the  amount  recovered  is  less  than  that  sura.  (Solo- 
mon V.  Reese,  34  Cal.  28;  Pennybecker  v.  McDougal, 
4S  Cal.  160.) 

Costs  are  to  be  excluded  in  determining  tlie  jurls- 
diclional  amount.     (Bradley  v.  Kent,  22  Cal.   169.) 

The  interest  due  is  also  to  be  excluded.  (Arnold  v. 
Van  Brunt,  4  Cal.  89.) 


157  CONSTITUTION   OF  1879.  Art.  \'I.  §  o 

This  rule  applies  to  compound  as  well  as  to  simple 
interest.  (Christian  v.  Superior  Court,  122  Cal.  117, 
54  Pac.  518.) 

But  a  penalty  of  fifty  per  cent,  on  the  amount  of 
principal  and  interest  due  on  a  promissory  note,  pro- 
vided for  in  the  note  in  case  of  a  suit  thereon,  is 
to  be  included  in  determininj?  the  jurisdictional 
amount.     (Reed  v.   Bernal,  40  Cal.  628.) 

Also  an  attorney's  fee  provided  for  in  a  note.  (De 
Jarnatt  v.  Marquez,   1.32  Cal.  700.) 

An  action  to  recover  funds  in  the  hands  of  a  re- 
ceiver is  an  action  at  law.  (Garniss  v.  Superior 
Court,  88  Cal.  413.  2fi  Pac.  351.) 

The  superior  court  has  jurisdiction  of  an  action  to 
recover  money,  although  the  amount  claimed  in  each 
count  is  less  than  three  hundred  dollars,  when  the 
aggregate  amount  sued  for  exceeds  that  sum.  (Bailey 
V.  Sloan.  ((5  Cal.  387,  4  Pac.  349;  Ventura  County  v. 
Clay,  114  Cal.  242,  4G  Pac.  9.) 

The  superior  court  has  jurisdiction  to  enjoin  an  ac- 
tion in  the  justice's  court  for  the  price  of  goods  sold, 
when  the  defendant  has  a  counterclaim  for  breach  of 
warranty  of  the  goods  in  excess  of  the  jurisdiction  of 
the  justice's  court,  and  has  brought  an  action  for 
damages  in  the  superior  court.  (Gregory  v.  Diggs, 
113  Cal.  VJC.  45  Pac.  2G1.) 

The  superior  court  has  no  jurisdiction  of  an  action, 
to  recover  from  one  or  more  stockholders  their  sev- 
eral shares  of  a  debt  of  a  corporation,  where  the 
amount  demanded  from  each  is  less  than  three  hun- 
dred dollars,  although  the  entire  amount  exceeds  that 
sum.  (Derby  v.  Stevens,  04  Cal.  287,  30  Pac.  820; 
Hyman  v.  Coleman.  82  Cal.  0.50,  23  Pac.  02.) 

The  superior  court  has  no  jurisdiction  of  an  action 
upon  separate  and  distinct  promises  of  several  de- 
fendants, contained  in  one  instrument,  to  pay  vpspec- 
tively  sums  less  than  three  hundred  dollars.  (Thomas 
v.  Anderson.  .58  Cal.  99.) 

An  action  to  recover  unpaid  taxes  is  not  a  case  in 
equity,  but  an  action  at  law;  and  where  the  amount 
is  less  than  three  hundred  dollars,  the  court  has  no 
jurisdiction;  but  an  action  to  foreclose  a  lien  for  taxes 
is  a  case  in  equity,  of  which  the  superior  court  has 
jurisdiction  regardless  of  the  amount.  (People  v. 
Constitution — 14 


A-l't.  VI,  §  5  CONSTITUTION   OF   1879.  158 

Mier,  24  Cal.  61:  Bell  v.  Crippen,  28  Cal.  327;  People 
V.  Olvera,  43  Cal.  492.) 

Cases  in  equity.— The  legislature  canuot  take  away 
the  equity  .iurisdiction  conferred  by  the  constitution. 
(Rosenberg  v.  Frank,  58  Cal.  387.) 

But  the  constitutional  grant  of  .iurisdiction  in  all 
cases  in  equity  was  not  intended  as  a  limitation  up- 
on the  power  of  the  legislature  to  regulate  the  rights 
of  persons;  and  the  legislature  may  create  new  rights, 
under  which  new  cases  in  equity  may  arise,  or  cause 
some  rights  to  cease  to  exist,  so  that  certain  cases 
which  courts  of  equity  once  entertained  can  no  long- 
er arise.  (Spreckels  v.  Hawaiian  Com.  etc.  Co.,  117 
Gal.  377,  49  Pac.  353.) 

Tlie  grant  of  jurisdiction  in  all  cases  in  equity  con- 
fers the  same  jurisdiction  as  that  formerly  exercised 
by  a  court  of  chancery.     (Sanford  v.  Head.  5  Cal.  297.) 

The  superior  court  has  jurisdiction  of  an  action  for 
an  accounting  between  mortgagor  and  mortgagee,  al- 
though the  property  is  out  of  the  state.  (Peninsular 
etc.  Co.  V.  Pacific  etc.  Co.,  123  Cal.  G89,  56  Pac.  604.) 

Where  an  action  in  equity  involves  matters  of  pro- 
bate jurisdiction,  but  no  objection  to  the  mode  of 
exercising  the  jurisdiction  is  made  in  the  trial  court, 
it  will  be  treated  upon  appeal  as  within  the  equity 
jurisdiction.     (Simons  v.  Bedell,  122  Cal.  341,  55  Pac. 

3.) 

An  action  against  a  county  for  less  than  three 
hundred  dollars,  claimed  as  compensation  for  services 
rendered  by  the  plaintiff  as  a  member  of  the  county 
board  of  education,  is  not  a  suit  in  equit.v.  and  the 
superior  court  lias  no  jurisdiction  of  it.  (Wright  v. 
Del  Norte  County,  115  Oal.  404,  47  Pac.  258.) 

The  same  superior  court  has  jurisdiction  both  in 
equity  aiid  in  matters  of  ])robate:  and  in  an  action  in 
('(luity  for  an  accounting  against  the  executor  of  a 
deceased  administrator,  it  nniy  administer  full  and 
entire  relief  according  to  the  principles  of  equity,  and 
also  in  accordance  witli  the  statutes  with  reference  to 
matters  of  jirobate.  (Pennie  v.  Roach,  94  Cal.  515,  29 
Pac.  956.) 

A  court  of  equity  has  jurisdiction  of  an  action  to 
recover  property  intent  iouall.v  and  fraudulentl.v  con- 
cealed by  a  guardian  from  tlio  court  and  tlie  ward. 
(Lataillade  v.  Orena,  91  Cal.  565,  27  Pac.  924.) 


159  CONSTITUTION  OF  1870.  Art.  VI,  §  5 

The  superior  court  cannot  enjoin  the  execution  of 
a  mandate  of  the  supreme  court.  (Quan  Wo  Chung 
V.  Laumeister.  83  Cal.  384,  23  Pac.  320.) 

An  action  to  annul  an  ordinance  of  the  board  of 
supervisors  fixing  Avater  rates  is  witliin  the  equita- 
ble jurisdiction  of  the  superior  court.  (Spring  Val- 
ley W.  \Y.  V.  San  Francisco,  82  Cal.  286,  22  Pac.  910.) 

The  superior  court,  as  a  court  of  equity,  has  power 
in  proper  cases  to  hear  and  determine  questions  relat- 
ing to  the  rights  and  duties  of  executors  and  benefici- 
aries under  wills  which  have  been  admitted  to  pro- 
bate.    (Williams  v.  Williams,  73  Cal.  99,  14  Pac.  394.) 

The  superior  court  has  jurisdiction  of  a  suit  in  eq- 
uity against  the  administrator  of  a  deceased  person, 
for  the  specific  performance  of  a  contract  for  the  sale 
and  purchase  of  lands.  (Hall  v.  Rice,  64  Oal.  443, 
1  Pac.  891.) 

The  district  courts  had  power  to  appoint  receivers 
in  "cases  where  receivers  had  theretofore  been  ap- 
pointed by  the  usages  of  the  courts  of  equity." 
(Bateman  v.  Superior  Court,  54  Cal.  285;  La  Societe 
Francaise  v.  District  Court,  53  Cal.  495.) 

In  this  state,  the  jurisdiction  of  courts  of  equity 
over  que.stions  of  title  to  real  estate  has  no  existence. 
(Ritchie  v.  Borland,  6  Cal.  33.) 

Under  the  general  grant  of  jurisdiction  in  all  cases 
in  equity,  the  court  may  issue  writs  of  mandnmns, 
certiorari,  prohibition,  and  habeas  corpus.  (Perry  v. 
Ames,  26  Cal.  372.) 

An  action  to  abate  a  nuisance  is  a  case  in  equity. 
(People  V.  Moore,  29  Cal.  427;  Oourtwright  v.  Bear 
River  etc.  Co..  30  Cal.  573;  Yolo  County  v.  Sacramen- 
to, 36  Cal.  193.) 

In  Rosenberg  v.  Frank.  58  Cal.  387.  it  was  held 
that  the  corresponding  section  of  the  constitution  of 
1849  conferred  upon  the  district  courts  the  same  ju- 
risdiction in  equity  as  that  administered  by  the  high 
court  of  chancery  in  England,  including  the  power  to 
construe  a  will  after  it  has  been  admitted  to  probate. 
But,  under  the  present  constitution,  it  is  held  that 
the  power  to  construe  a  will  is  vested  exclusively 
in  the  superior  court  sitting  as  a  court  of  probate. 
(Toland  v.  Earl,  129  Cal.  148,  61  Pac.  914.) 


Art.  YI,  §  5  CONSTITUTION  OF  1879.  ICO 

Gonceflins'  that  the  superior  court  has  juriiicliction 
of  an  action  to  construe  a  will,  it  is  not  bound  to 
entertain  sueli  an  action,  and  sliould  not  do  so,  ex- 
cept in  a  case  where  there  is  some  special  reason  for 
seekins  its  interpretation.  (Siddall  v.  Harrison,  73 
Oal.    r)GO,    15    Pac.    130.) 

Under  the  former  constitution  it  was  held  that 
an  action  in  equity  to  compel  an  administrator' to 
account  would  lie.  although  his  account  had  been  set- 
tled bv  the  probate  court.  (Clarke  v.  Perry,  5  Cal. 
OS.) 

Probate. — Prior  to  the  organization  of  the  state, 
there  was  no  such  a  thing  as  the  probate  of  a  will; 
and  the  pi'ol)ate  court  has  no  jurisdiction  to  probate 
u  will  executed  prior  to  that  time  by  the  death  of  the 
testator.  iGrimes  v.  Norris,  0  Cal.  <>21;  Coppinger  v. 
]{ice.  ;53  Cal.  40S;  Castro  v.  Castro,  (!  Cal.  laS.) 

The  courts  of  first  instance,  between  the  acquisi- 
tion of  California  by  the  United  States  and  the  pas- 
sage of  tlie  probate  act,  had  jurisdiction  in  matters 
of  probate.     (R.yder  v.  Cohn,  37  Cal.  09.) 

The  estates  of  deceased  persons  in  this  state,  who 
died  prior  to  the  passage  of  the  Probate  Act  of  18.10. 
and  subsc(iuent  to  the  organization  of  the  state,  can 
be  adn]inistered  on  in  accordance  with  the  probate 
act.     il'eople  v.  Senter,  28  Cal.  502.) 

The  probate  court  is  a  court  of  limited  and  in- 
fei-ior  jurisdiction.  (Grimes  v.  Norris,  B  Cal.  Ct21; 
Chiikc  V.  Perry,  5  Cal.  58;  Smith  v.  Andrews,  G  Cal. 
(;r.2:  Smith  v.  Wcsterfield,  88  Cal.  374,  20  Pac.  200.) 

No  distinct  "court  of  i)robate"  has  been  created 
or  recognized  by  the  constitution.  (In  re  Burton,  93 
Cal.  4r.9,  29  Pac.  30.) 

The  superior  court,  when  sitting  as  a  court  of 
probate,  h;is  power  to  hear  and  «letermine  all  (lues- 
I  ions  of  law  and  fact,  tlie  determination  of  which 
is  ancillary  to  a  proper  judgment  in  such  case.  (lu 
re  P.nrton!  93  C'al.  4.V.>.  29   Pac.  3<>.) 

The  jurisdiction  of  tlie  superior  court  over  probate 
matters  is  conferred  I)y  the  const  it  lit  ion,  and  it  is 
not  a  statutory  triltunal  when  sitting  in  j)robate. 
(lie.vdenfcldt  v.  Superior  Court,  117  Cal.  348,  49  Pac. 
210.) 


161  CONSTITUTION  OF  ISTIJ.  Art.  VI,  §  5 

The  former  constitution  did  not  confer  on  tlie 
probate  court  .inrisdiction  of  all  matters  relating  to 
the  estates  of  deceased  persons,  but  of  such  mat- 
ters only  as  the  statutes  direct  it  to  exercise  juris- 
diction over.     (Bush  v.  Lindsey,  44  Oal.  121.) 

Probate  courts  liave  no  jurisdiction  to  enforce  a 
trust  l)y  compellinj;  an  administrator  to  convey  prop- 
ertv  bv  him  held  in  trust.  (Haverstick  v.  Trudel,  51 
Cai.  431.) 

The  probate  court  has  no  jurisdiction  to  compel  an 
attornev  of  an  executrix  to  return  a  fee  paid  him  by 
her.     (fomsky  v.  Superior  Court.  131  Cal.  G20.) 

The  probate  courts  have  not  exclusive  jurisdiction 
in  cases  of  guardianship  of  minors.  (Wilson  v. 
Roach,  4  Cal.   362.) 

The  district  courts  had  the  same  control  over  the 
persons  of  minors,  as  well  as  their  estates,  that  the 
court  of  chancery  in  England  possesses.  (Wilson  v. 
Roach,    4   Cal.    3(i2.) 

Neither  the  probate  coTirt,  nor  the  superior  court, 
when  exercising  probate  jurisdiction,  has  power  to 
set  aside  a  decree,  of  distrilnition  on  the  ground  of 
fraud,  after  the  time  mentioned  in  section  473  of  the 
Oode  of  Civil  Procedure.  (Estate  of  Hudson,  63  Cal. 
454.) 

The  jurisdiction  of  the  probate  courts  over  the 
estates  of  deceased  persons  did  not  divest  the  district 
courts  of  their  general  jurisdiction  as  courts  of  chan- 
cery over  actions  for  a  settlement  of  the  affairs  of 
a  partnership.     (Griggs  v.  Clark,  23  Cal.  427.) 

Where  the  executors  named  in  the  Avill  are  also 
appointed  trustees  to  control  and  manage  the  residue 
of  the  estate  and  to  distribute  it  among  certain  bene- 
ficiaries, a  court  of  equity  has  no  jurisdiction  of  a 
bill  to  enforce  an  accounting  of  the  trust  estate, 
ix'uding  administration  of  the  estate  in  the  probate 
court.  (Dougherty  v.  Bartlett.  100  Cal.  496,  35  Pac. 
431.) 

The  probate  court  cannot  decide  an  adverse  claim 
to  propertv  asked  to  l)e  set  aside  as  a  homestead. 
(Estate  of  Kimberly.  07  Cal.  2S1.  32  Pac.  234.) 

The  superior  court  sitting  as  a  court  of  probate 
may  examine  into  the  title  to  parcels  of  real  estate, 
for  the  purpose   of  selecting  a    liomestead,    but   has 


Art.  VI.  §  5  coxsTiTUTiox  of  1879.  102 

no  jurisdiction  to  determine  the  title  as  between  ad- 
verse claimants.  (Estate  of  Burton,  64  Cal.  428,  1 
Pac.  702.) 

In  probate  proceedings  the  court  has  jurisdiction 
of  the  claims  of  assignees  of  the  heir,  but  its  ju- 
risdiction does  not  extend  to  claims  of  an  equitable 
nature  against  the  legal  owner,  or,  in  other  words,  to 
trusts.     (More  v.  More,  22  Cal.   Dec.  19G.) 

The  probate  court  has  no  jurisdiction  to  settle  the 
accoinits  of  a  deceased  guardian.  (In  re  Allgier,  65 
Cal.  228,  3  Pac.  849.) 

The  probate  court  has  no  jurisdiction  to  determine 
whetlier  or  not  certain  property  in  the  possession  of 
the  executor  belongs  to  the  estate  or  is  held  by  him 
in  some  other  capacity.  (In  re  Haas,  97  Gal.  232,  31 
Pac.  S93.) 

Sections  1458  to  1461  of  the  Code  of  Civil  Procedure 
do  not  provide  for  a  proceeding  involving  title  to 
property  of  which  the  probate  court  has  no  jurisdic- 
tion. (Levy  V.  Superior  Court,  105  Cal.  600,  38  Pac. 
965.) 

Where  property  is  devised,  exonerated  of  the  mort- 
gage thereon,  the  probate  coiu-t  has  jurisdiction  to 
compel  the  executor  to  pay  the  moi'tgage  debt  from 
the  assets  of  the  estate.  (In  re  Ileydenfeldt,  106  Cal. 
434.  39  Pac.  788.) 

The  probate  court  has  inherent  power  to  order  the 
distri!)utee  to  retiu'n  to  the  executors  the  property 
distri'iuled.  when  the  decree  of  distribution  is  re- 
versed upon  appeal.  (ITeydenfeldt  v.  Superior  Court, 
117  Cal.  348,  40  Pac.  210.) 

Under  the  former  constitution  it  was  held  that 
tlie  jurisdiction  of  the  probate  court  over  testa- 
mentary and  probate  matters  was  not  exclusive.  The 
district  court  miglit  talve  jurisdiction  of  tlie  settle- 
ment of  an  estate  when  tlicre  were  peculiar  circum- 
stances of  embarrassment,  and  when  the  assuming 
j>Hisdlctlon  would  i)revent  waste,  delay,  and  expense. 
Mild  thus  ronclude,  by  one  action  and  decree,  a  pro- 
tr.Mcted  litigation.     (lieck  v.  Cerke,  12  Cal.  4.3.3.) 

'I'he  jtrubate  court  h,is  exclusive  jurisdiction  of  the 
following  matters:  Matters  relating  to  the  proof  of 
wills  (Castro  v.  KiclKirdson,  IS  Cal.  47S);  probate 
of    wills,   granting     of   letters,    allowance   of   claims. 


103  CONSTITUTION  OF  1879,         Art.  VI,  §  5 

settlement  of  accounts  (In  re  Eowen,  34  Cal.  682);  to 
adjust  and  enforce  a  claim  for  expenses  of  adminis- 
tration (Gurnee  v.  Maloney,  38  Cal.  85);  to  compel 
an  executor  to  account,  and  to  distribute  the  estate 
(Au,2:uisola  V.  Arnaz,  51  Cal.  435);  to  construe  a  will 
(Toland  v.  Earl,  120  Cal.  148);  to  determine  who  is 
entitled  to  distribution  (Simons  v.  Bedell,  122  Cal.  341, 
55  Pac.  3);  to  determine  whether  an  attorney  for  ab- 
sent or  minor  heirs  shall  be  appointed,  and  to  fix  the 
amount  of  his  compensation  (Dougherty  v.  Bartlett, 
100  Cal.  496,  35  Puc.  431). 

The  superior  court,  wlien  sittinjr  as  a  court  of 
probate,  has  exclusive  jurisdiction  of  the  distribution 
of  an  estate,  and  is  not  bound  by  an  adjudication 
by  the  same  court,  when  sittin.c:  as  a  court  of  equity, 
as  to  the  interest  of  an  heir  or  devisee,  where  such 
interest  was  merely  incidentally  involved.  (Estate  of 
Freud,.  22  Cal.  Dec.  571.) 

An  action  will  not  lie  to  recover  from  an  executrix 
rents  received  by  her  after  the  settlement  of  her 
account,  althoufrh  she  neg;lected  to  account  for  the 
same.    (Washington  v.  Black,  S3  Cal.  290,  23  Pac.  300.) 

A  court  of  equity  has  no  power  to  establish  a  will, 
even  though  the  Avill  has  been  lost  or  destroyed,  or 
has  been  fraudulently  suppressed,  and  the  relief  is 
asked  against  a  person  who  destroyed  the  will  and 
is  one  of  the  witnesses  necessary  to  prove  its  con- 
tents.   (McDaniel  v.  Pattison,  98  Cal.  86.  32  Pac.  805.) 

In  an  action  of  ejectment,  the  superior  court  has 
no  power  to  set  aside  the  land  sought  to  be  recovered 
as  a  homestead.  This  can  only  Tje  done  by  the 
superior  court  sitting  as  a  court  of  proliate.  (Rich- 
ards V.  Wetmore,  66  Cal.  365,  5  Pac.  620.) 

ITnder  the  former  constitution,  the  district  courts 
had  power  to  decide  issues  of  fact  joinM  in  the 
probate  court  and  certified  to  the  district  courts. 
This  provision,  however,  did  not  give  such  courts  any 
appellate  jurisdiction  from  the  probate  courts.  (Reed 
v.   McCormick.  4   Cal.   342.) 

An  act  providing  for  the  transfer  to  the  district 
courts  of  issues  of  fact  already  decided  by  the  probate 
court  is  void  as  conferring  appellate  jurisdiction  upon 
the  district  courts,  which  under  the  constitution  they 
cannot  exercise.     (Declc  v.  Gerke,  6  Cal.  666.) 


Art.  VI,  §  5  coxsTiTUTioN  OF  1S79.  1G4 

Since  the  amendment  in  1S62.  district  courts  have 
no  jurisdiction  to  try  issues  arising  in  the  probate 
courts.  (In  re  Bowen,  34  Cal.  682;  Matter  of  Tom- 
linson,  35  Cal.  509.) 

The  probate  court  is  Bot  bo\ind  by  a  decision  by  the 
district  court  as  to  a  fact  certified  to  that  court  for 
decision.     (Pond  v.  Pond,  10  Gal.  495.) 

The  probate  court  had  jurisdiction  to  try  and  de- 
termine issues  of  fact  arising  in  proceedings  before 
it,  and  was  only  required  to  certify  the  Issue  to  the 
district  court  when  the  evidence  was  conflicting, 
etc.     (Keller  v.  Franklin,  5  Cal.  432.) 

Divorce. — In  a  suit  for  divorce  and  a  partition  of 
the  property  acquired  during  coverture,  the  jurisdic- 
tion of  the  court  does  not  depend  upon  the  amount 
involved.     (Deuprez   v.    Deuprez,  5   Cal.  387.) 

Insolvency.— The  act  creating  the  bank  commission- 
ers did  not  deprive  the  superior  court  of  its  powrr 
to  hear  and  determine  matters  of  insolvency.  (People 
v.   Superior  Court,  100  Cal.   105,  34  Pac.  492.) 

The  legislature  may  pass  an  insolvency  law  while 
a  United  States  bankruptcy  law  is  in  force,  but  its 
operation  will  be  suspended  until  the  repeal  of  the 
federal  law.  (Lewis  v.  County  Clerk,  55  Cal.  (504; 
Seattle  Coal  etc.  Co.  v.  Thomas,  57  Cal.  197;  Roede- 
feld  V.  Keed,  55  Cal.  299.) 

Since  the  new  constitution  proceedings  in  insol- 
vencv  are  no  longer  special  cases.  (People  v.  Eos- 
boroiigh,  29  Cal.  415.) 

The  mere  fact  tliat  jurisdiction  in  cases  of  insol- 
vency i.s  vested  in  tlic  couri  (hx's  not  iirovent  the 
iegisIatiM'o  from  autlKirizing  the  judge  to  make  an 
order  in  clL-iniltcrs  (lirt'ctiiig  the  ch-rk  to  give  no- 
tice to  creditors.     (Flint  v.  Wilson.  3(i  Cal.  24.) 

Tax.  etc.— The  term  "assessment"  as  used  in  tl)is 
section  does  not  include  assessm(>nts  made  by  a  i»ri- 
vate  ('Oii)ora!i(in  ujion  its  stockholders,  l)ut  refers 
to  such  assessments  as  are  authorized  in  relation 
to  revenue  and  taxation,  and  sucli  as  may  be  made 
under  the  authority  of  a  municipal  or  other  corpo- 
ral if)n  to  meet  the  cost  of  a  public  improvement. 
(.\rroyo  Ditch  etc.  Co.  v.  Superior  Court,  92  Cal. 
47,  2S  I'iic.  .51. J 


1G5  CONSTITUTION  OF  1870.  Art.  VI,  §  5 

A  forfeiture  for  issuing  a  certificate  of  relief  in 
violation  of  section  596  of  the  Political  Code  is  not 
a  municipal  fine,  or  a  tax.  impost,  toll,  or  assessment. 
(Thomas  v.  .Justice's  Court,  80  Cal.  40,  22  Fac.  80.) 

An  action  acainst  an  assessor  to  recover  dam- 
ages for  a  wrongful  and  fraudulent  assessment  made 
by  him  does  not  involve  "the  legality  of  a  tax." 
(Perkins  v.  Ralls,  71  Cal.  87.  11  Pac.  800.) 

A  proceeding  to  modify  the  grade  of  a  street  is 
a  special  one.  and  not  a  case  at  law  involving  the 
legality  of  an  assessment.  (Appeal  of  Houghton,  42 
Cal.  35.) 

A  license  fee  or  charge  for  the  transaction  of  any 
l)usiness  is  a  tax.  (Santa  Barbara  v.  Stearns,  51 
Cal.    499.) 

An  action  to  recover  a  sum  exacted  by  a  toll  gath- 
erer, greater  than  he  is  permitted  by  law  to  col- 
lect, does  not  involve  the  legality  of  a  toll.  (Brown 
V.  Rice.  52  Cal.  489.) 

Special  proceedings. — The  county  courts  only  haa 
jurisdiction  in  such  special  cases  as  the  legislature 
should  determine.     (Matter  of  Marks.  45  Cnl.  ,199.) 

A  grant  of  jurisdiction  in  such  special  cases  as  the 
legislature  may  prescribe  does  not  confer  exclusive 
jurisdiction  in  special  cnses.  (O'Callaghan  v.  Booth,  6 
Oal.  03;  Harper  v.  Freelon.  6  Cal.  76.) 

As  to  whetlier  the  legislature  may  confer  jurisdic- 
tion of  special  cases  upon  courts  not  established  by 
the  constitution,  see  Spencer  Creek  Water  Co.  v. 
Vallejo.  48  Cal.  70. 

The  legislature  cannot  confer  jurisdiction  in  "spe- 
cial cases"  upon  a  judge.  (Spencer  Creek  Water  Co. 
V.  Vallejo.  48  Cal.  70.) 

Special  cases  are  cases  created  by  statute  and 
the  proceedings  under  which  are  unknown  to  the  gen- 
eral framework  of  the  courts  of  common  law  and 
equity.  (Parsons  v.  Tuolomne  Co.  Water  Co..  5  Cal. 
48:  People  v.  Day,  15  Cal.  91;  People  v.  Kern  Co., 
45  Cal.  679.) 

An  action  to  prevent  or  a1)ate  a  nuisance  is  not 
a  special  case.  (Parsons  v.  Tuolumne  Co.  Water  Co., 
5  Cal.  43. t 

Writs  of  mandate  are  not  special  cases.  (People 
V.  Kern  Co.,  45  Cal.  679.) 


Art.  VI,  §  5         co^^sTITUTION  or  1879.   •  166 

The  incorporation  of  towns  is  not  a  sprcial  case. 
(People  V.   Nevada,  6  Cal.  143.) 

The  following  matters  are  special  cases  within  the 
meaning  of  the  constitntion:  Cases  of  insolvency 
(Harper  v.  Freelon,  0  Cal.  76):  election  contests  (Dor- 
sey  V.  Barrj%  24  Cal.  449;  Saunders  v.  Ilaynes.  13 
Cal.  145);  the  examination  of  claims  for  public  lands 
(RiclvS  V.  Reed,  19  Cal.  551);  proceedings  to  enforce 
mechanics'  liens  (McXiel  v.  Borland,  23  Cal.  144, 
distinguishing  Brock  v.  Bruce,  5  Cal.  279);  proceed- 
ings for  the  condenmation  of  water  (Spencer  Creek 
Water  Co.  v.  Vallejo,  48  Cal.  70);  proceedings  un- 
der sections  312  and  315  of  the  Civil  Code  (Wicker- 
sham  V.  Brittan,  93  Cal.  34,  28  Pac.  792,  29  Pac.  51); 
proceedings  to  condemn  land  (Bishop  v.  Superior 
Court,  87  Cal.  226,  25  Pac.  435). 

Heal  property. — The  idea  intended  to  be  embodied 
in  the  phrase,  "cases  at  law  which  involve  the  title 
or  possession  of  real  property,"  may  be  expressed 
by  the  paraphrase:  Cases  at  law  in  which  the  title 
or  possession  of  real  property  is  a  material  fact  in 
the  case,  upon  which  the  plaintiff  relies  for  a  recov- 
ery or  the  defendant  for  a  defense.  (Tlolman  v.  Tay- 
lor, 31  Cal.  338;  Copertini  v.  Oppermann,  76  Cal.  181, 
18  Pac.  256.) 

When  the  title  to  real  property  is  involved,  the 
amount  sued  for  is  not  material  in  detcnr.ining  the 
jurisdiction.  (Cullen  v.  Langridge,  17  Cal.  67;  Hol- 
man  v.  Taylor,  31  Cal.  338.) 

It  is  not  enough  that  the  possession  is  a  fact  in 
controversy,  or  incidentally  in  question,  or  that  the 
fact  of  possession  is  in  issue;  but  the  right  of  posses- 
sion must  be  involved.  (Pollock  v.  Oummings,  38 
Cal.  683;  Cornett  v.  Bishop.  39  Cal.  319.) 

An  action  to  recover  one-half  the  value  of  a  par- 
tition fence  involves  the  title  to  real  property.  (Hol- 
man  v.  Taylor,  31  Cal.  338.) 

An  action  bronglit  in  a  justice's  court  against  a 
railroad  company  l)y  an  owner  of  adjoining  laud,  to 
recover  for  the  Icilling  of  a  colt  alleged  to  have 
strayed  upon  tlio  trade  by  reason  of  tlie  iiisufiicjency 
of  a  division  fence,  necessarily  involves  tlie  title  to 
such  land,  although  llic  answer  raises  no  issue  as  to 
such  owncrsliip.  (P.oyd  v.  Southern  Oal.  Ry.  Co.,  126 
Cal.    571.   58   Pac.    1046.) 


167  CONSTITUTION  OF  1S79.  Art.  VI,  §  5 

An  action  to  foreclose  a  vendor's  lien  upon  prem- 
ises contracted  to  be  sold  is  an  action  for  the  en- 
forcement of  a  lien  upon  real  estate  within  the  pro- 
visions of  this  section.  (Southern  Pac.  R.  R.  Co.  v. 
Pixloy,  10.3  Cal.  118,,  37  Pac.  194.) 

An  action  by  a  vendee  to  a  contract  for  the  sale 
of  land  to  recover  a  part  payment  made  on  the  pur- 
chase price,  because  of  a  defect  in  the  title  of  the 
vendor,  involves  the  title  to  real  property.  (Copertini 
V.  Oppermann,  76  Cal.  181,  18  Pac.  256.) 

Where  an  action  involving  the  title  or  possession 
of  real  property  is  brought  in  the  justice's  court,  and 
the  defendant  appeals  to  the  superior  court,  which 
renders  judgment  in  favor  of  the  plaintiff,  the  de- 
fendant may  appeal  to  the  supreme  court.  (Hart  v. 
Carnall-Hopkins  Co.,  101  Cal.  160.  35  Pac.  633;  Santa 
Barbara  v.  Eldred,  95  Oal.  378,  30  Pac.  562.) 

Where  an  action  to  recover  less  than  three  hundred 
dollars  is  transferred  from  the  justice's  court  to  the 
superior  court  on  the  ground  that  it  involves  tlie 
title  to  real  estate,  and  the  plaintiff  afterward  amends 
his  complaint  and  aslis  for  damages  to  certain  lands, 
tlie  superior  court  has  no  jurisdiction  of  the  action, 
as  it  does  not  appear  that  the  action  involves  the 
title  to  real  estate.  (Gorton  v.  Ferdinando,  64  Cai. 
11,  27  Pac.  941.) 

Place  of  trial.— The  proviso  in  this  section  is  man- 
datory. (Fresno  Nat.  Bank  v.  Superior  Court,  S3  Cal. 
491,  24  Pac.  157.) 

The  superior  court  has  no  jurisdiction  of  an  action 
to  enforce  a  lien  upon  real  property  situated  in  an- 
other connty.  (Urton  v.  Woolsey,  87  Cal.  38,  25 
Pac.  154.) 

Tliis  section  has  no  application  to  an  action  for 
the  settlement  of  a  trust  in  relation  to  real  and  per- 
sonal property,  and  such  an  action  is  not  required 
to  be  brought  in  the  county  where  the  real  property 
is  situated.  (Le  Bi'eton  v.  Superior  Court,  66  Cal. 
27,  4  Pac.  777.) 

If  an  action  to  quiet  title  to  real  estate  is  brought 
outside  of  the  county  in  which  the  land  is  situated, 
the  court  has  no  jurisdiction,  and  such  lack  of  ju- 
risdiction cannot  be  waived.  (Fritts  v.  Camp,  94  Cal. 
393,  29  Pac.  867.) 


Art.  VI,  §  5  CONSTITUTION  OF  1879.  168 

The  creatinjsr  of  a  new  county  does  not  affect  an 
action  pending  in  the  superior  court  affecting  real 
property  in  such  new  county.  (Tolman  v.  Smith,  85 
Cal.  280,  24  Pac.  743.) 

This  section  does  not  provide  tliat  the  actions  re- 
ferred to  must  be  tried,  but  simply  tliat  they  must 
be  commenced  in  the  county  in  Avhieli  tlie  land  is 
situated.     (Hancock  v.  Burton,  Gl  Cal.  70.) 

Writs.— The  legislature  has  no  power  to  enlarge 
the  office  of  the  writs  mentioned  in  this  section. 
(Camron  v.  Kenfield,  ."7  Cal.  550;  Farmers"  Union 
V.  Thresher,  62  Cal.  4€7.) 

The  superior  court  may  issue  a  writ  of  mandamus 
to  run  out  of  the  coiuity,  or  to  be  executed  out  of 
the  county  in  which  the  court  is  held.  (Kings  County 
V.  Jolmson,  104  Cal.  108.  37  Pac.  870.) 

If  the  provisions  of  this  section  reviving  the  writ 
of  quo  warranto  repealed  by  implication  the  pro- 
visions of  tlie  code  for  an  action  against  persons  who 
usurp  offices  or  franchises,  it  made  little  difference. 
as  the  i)ower  under  a  writ  of  quo  warranto  is  quite 
as  broad  as  under  the  statute.  (People  v.  Dashawav 
Assn.,  84  Cal.  114,  24  Pac.  277.) 

The  county  court  had  no  jurisdiction  to  issue  the 
writ  of  certiorari,  except  in  aid  of  its  ai)pellate  ju- 
risdiction.    (Wilcox  V.  Oakland,  49  Cal.  29.) 

Crimiiial  cases. — The  superior  court  has  jiu'isdic- 
tion  of  an  offense  punishable  by  inqu'lsonment  and 
tine,  M'hich  may  exceed  one  thousand  dollars.  (E.x 
parte  Neustadt.    82  (  al.  273.  23  I'ar.  124. » 

AVhere  the  legislature  confers  upon  police  courts 
jurisdiction  of  certain  misdemeanors,  such  jurisdic- 
tion is  exclusive,  and  tlic  superior  court  has  no 
jui'isdiction  of  such  misdemeanors.  ((Jreen  v.  Su- 
perior Coint.  78  Cal.  ri5(i,  21  Pac.  307.  541;  People  v. 
•foseivn,  SO  Cal.  544,  22  I'ac.  217;  I'eople  v.  Lawrence, 
82  Cal.  182.  22  Pac.  1120;  Ex  parte  Wallingford,  00 
Cal.    103;    (Jafford    v.    Push.   CO   Cal.    149.) 

If  a  defendant  is  charged  Avith  a  felony  of  which 
the  superior  court  lias  jurisdiction,  he  may  be  con- 
victed of  a  lesser  offense  involved  iu  sucli  felony,  al- 
though such  lesser  olTense  is  not  one  of  which  the 
sui)er!()r  court  is  given  jurisdiction.  (Ex  parte  Dona- 
hue,  05   Cal.  474.) 


169  CONSTITUTION  OF  1879.         Art.  VI,  § .' 

A  newly  created  oounty  has  jurisdiction  of  a  de- 
fendant charged  Avith  the  commission  of  an  offense 
prior  to  the  creation  of  the  county,  upon  territory 
within  its  boundaries;  and  a  prosecution  pending  in 
the  old  county  is  no  bar  to  the  prosecution,  if  dis- 
missed before  the  commencement  of  the  prosecution 
in  the  new,  and  before  ieopardy  has  attached.  (Peo- 
ple V.  Stokes,  103  Cal.  193,  37  Pac.  207.) 

Appellate  jurisdiction. — The  superior  court  has  ap- 
pellate jurisdiction  only  to  the  extent  and  in  the 
mode  which  the  legislature  may  prescribe.  (Sherer 
V.  Superior  Court,  94  Cal.  354,  29  Pac.  716.) 

The  constitution  gives  the  superior  court  no  ap- 
pellate jurisdiction,  but  the  legislature  is  permitted 
to  give  it  such  appellate  jurisdiction  as  it  may  see 
fit.     (Wells  V.  Torrance,  119  Cal.  437,  51  Pac.  02(1.) 

By  reason  of  the  provisions  of  section  11,  article 
22,  of  the  constitution,  the  superior  court  had  juris- 
diction of  appeals  from  justices'  courts  before  the 
legislature  acted  upon  the  subject.  (California  etc. 
Co.  V.  Superior  Court,  60  Cal.  305.) 

The  superior  courts  only  have  jurisdiction  of  ap- 
peals from  justices'  courts  in  their  respective  coun- 
ties, and  therefore,  after  an  appeal,  the  action  can- 
not be  transferred  to  another  county  for  trial,  al- 
though the  defendant  resides  in  another  county. 
(tJross  V.  Superior  Court,  71  Cal.  382;  Luco  v.  Superior 
Court,  71  Cal.  555.) 

The  superior  court  has  no  jurisdiction  of  an  appeal 
from  an  order  of  a  justice's  court,  directing  the 
judgment  debtor  to  apply  certain  property  in  satis- 
faction of  the  judgment.  (Wells  v.  Torrance,  119 
Cal.  437,  51  Pac.  626.) 

Upon  an  appeal  from  a  judgment  of  the  justice's 
court  vacating  a  former  judgment,  the  superior  court 
cannot  affirm  such  former  judgment,  but,  if  it  was 
erroneously  set  aside,  it  should  reverse  such  judg- 
ment and  order  a  new  trial.  (Sherer  v.  Superior 
Court,  94  Cal.  354,  29  Pac.  716.) 

Although  the  county  court  w^as  authorized  to  try 
cases  on  appeal  de  novo,  such  a  trial  was  not  an  ex- 
ercise of  original  jurisdiction.  (Townsend  v.  Brooks, 
5  Cal.  52.) 

Constitution— 15 


Art.  yi,  §  6        CONSTITUTION  OF  1879.  170 

Where  a  case  is  appealed  to  tlie  superior  court 
on  questions  of  both  law  and  fact,  the  superior  court 
acquires  jurisdiction  of  the  cause,  although  it  was 
not  originally  within  the  jurisdiction  of  the  justice's 
court.  (De  Jarnatt  v.  Marquez,  132  Cal.  700;  Hart 
V.  Carnall-Hopkins  Co.,  103  Cal.  132,  37  Pac.  lOG. 
Eut  see  Ballerino  v.  Bigelow,  00  Cal.  500,  27  Pac.  372.) 

A  judgment  on  appeal  from  a  judgment  of  a  jus- 
tice's court,  in  which  the  amount  is  in  excess  of  the 
jurisdiction  of  the  justice,  is  not  void,  but  merely 
erroneous.     (Moore  v.  Martin.  38  Cal.  428.) 

A  judgment  of  a  county  court  upon  appeal  for  the 
sum  of  three  hundred  dollars  is  void,  and  will  be 
annulled  upon  certiorari.  (Will  v.  Siuliwitz,  39  Cal. 
570.) 

As  to  whether  the  provision  of  the  constitution  of 
1849  giving  the  county  courts  appellate  jurisdiction 
in  cases  arising  in  inferior  courts  is  self-executing, 
see  People  v.  Nyland,  41  Cal.  120. 

Forcible  entry  and  detainer. — The  words  "forci- 
ble entry  and  detainer"'  include  not  only  forcible  en- 
try and  forcible  detainer,  but  also  unlawful  detainer 
.after  the  termination  of  or  contrary  to  tlie  terms  of 
tlio  lease.    (CaulQeld  v.  Stevens,  28  Cal.  118.) 

Miscellaneous. — The  county  courts  have  common- 
law  jurisdiction  and  may  admit  foreigners  to  citizen- 
ship.    (In  re  Conner,  39  Cal.  98.) 

Granting  to  county  judges  power  to  issue  injunc- 
tions docs  not  trench  upon  the  jurisdiction  of  the 
district  courts.     (Thompson  v.  Williams,  G  Cal.  88.) 

An  act  pi'oviding  for  the  conlirmation  of  the  or- 
ganization and  bonds  of  irrigation  districts  is  not 
un('oi)stituti()n;il  because  it  authorizes  the  court  to 
determine  the  rights  of  the  parties  in  advance  of  any 
contrDversy  as  to  such  rights.  (Cullen  v.  (Jlendora 
etc.  Co.,  113  Cal.  .^(I3,  39  Pac.  709,  45  I'ac.  822,  1047.) 

Sec.  6.  There  shall  be  in  each  of  the  organized 
counties,  or  cities  and  counties  of  the  state,  a 
superior  court,  for  cnoh  of  whicli  at  least  one 
judge  sliall  be  elt>cted  by  the  qualified  electors  of 


171  CONSTITUTION  OF  1871).  Art.  VI,  §  G 

the  county,  or  city  and  county,  at  the  general 
state  election;  provided,  that  until  otherwise  or- 
dered by  the  legislature,  only  one  judge  shall  be 
elected  for  the  counties  of  Yuba  and  Sutter,  and 
that  in  the  city  and  county  of  San  Francisco 
there  shall  be  elected  twelve  judges  of  the  superior 
court,  any  one  or  more  of  whom  may  hold  court. 
There  may  be  as  many  sessions  of  said  court,  at 
the  same  time,  as  there  are  judges  thereof.  The 
said  judges  shall  choose  from  their  own  number 
a  presiding  judge,  who  may  be  removed  at  their 
pleasure.  He  shall  distribute  the  business  of  the 
court  among  the  judges  thereof,  and  prescribe  the 
order  of  business.  The  judgments,  orders,  and 
proceedings  of  any  session  of  the  superior  court, 
held  by  any  one  or  more  of  the  judges  of  said 
courts,  respectively,  shall  be  equally  effectual  as 
if  all  the  judges  of  said  respective  courts  pre- 
sided at  such  session.  In  each  of  the  counties 
of  Sacramento,  San  Joaquin,  Los  Angeles,  Sono- 
ma, Santa  Clara,  and  Alameda,  there  shall  be 
elected  two  such  judges.  The  term  of  office  of 
judges  of  the  superior  courts  shall  be  six  years 
from  and  after  the  first  Monday  of  January, 
next  succeeding  their  election;  provided,  that  the 
twelve  judges  of  the  superior  court,  elected  in  the 
city  and  county  of  San  Francisco  at  the  first 
election  held  under  this  constitution,  shall,  at 
their  first  meeting,  so  classify  themselves,  by  lot, 
that  four  of  them  shall  go  out  of  office  at  the 


Art.  YI,  §  6  CONSTITUTION  OF  1879.  172 

end  of  two  years,  and  four  of  them  shall  go  out 
of  office  at  the  end  of  four  years,  and  four  of 
them  shall  go  out  of  office  at  the  end  of  six  years, 
and  an  entry  of  such  classification  shall  be  made 
in  the  minutes  of  the  court,  signed  by  them,  and 
a  duplicate  thereof  filed  in  the  office  of  the  sec- 
retary of  state.  The  first  election  of  judges  of 
the  superior  courts  shall  take  place  at  the  first 
general  election  held  after  the  adoption  and  rati- 
fication of  this  constitution.  If  a  vacancy  occur 
in  the  office  of  judge  of  a  superior  court,  the 
governor  shall  appoint  a  person  to  hold  the  office 
until  the  election  and  qualification  of  a  judge 
to  fill  the  vacancy,  which  election  shall  take  place 
at  the  next  succeeding  general  election,  and  tlie 
judge  so  elected  shall  hold  office  for  the  remain- 
der of  the  unexpired  term. 

SUPERIOR  JUDGES.-  There  is  only  one  superior 
foiut  ill  the  city  and  county  of  San  Francisco. 
(Brown  v.  Campljoll.  110  Cal.  G44.  4.".  Pac.  000.) 

There  is  no  probate  court  of  tlie  city  and  county 
of  San  Francisco,  and  there  is  no  law  authorizing  the 
dosif^nation  of  any  one  dei)artinent  of  said  court  for 
l)roIjate  jurisdiction;  but  each  of  the  twelve  jndses 
has  jurisdiction  in  probate  matters.  (In  re  Pearsons, 
lia  Cal.  577.  45  Pac.  849.) 

The  le^rislature  may  fix  the  commencement  of  the 
term  of  a  county  judp:e  as  well  as  the  time  of  elec- 
tion, but  cannot  lix  the  term.  (I'oople  v.  Kosborougli, 
14  ("al.  iso.t 

Tliouuh  by  the  terms  of  this  section  the  term  of 
office  of  the  superior  jud^'cs  apjx'ars  to  be  exclusive 
of  the  first  Monday  in  .Tannary  after  their  election, 
yet  this  ))rovision  is  controlled  by  section  20,  article 
20,  making'  the  terms  of  all  olHcers  elected  under 
the  constitution   commence  on   the  first  Monday   af- 


173  CONSTITUTION  OF  1ST9.         Art.  VI,  §  7 

ter  the  first  day  of  January  next  following  their  elec- 
tion. (Merced  Bank  v.  Rosenthal,  99  Cal.  39,  31  Pac. 
849,   33  Pac.   732.) 

A  judge  elected  under  an  act  creating  an  addi- 
tional judge  holds  for  six  years.  (People  v.  Water- 
man,  8G   Cal.   27,   24  Pac.  807.) 

Under  this  section  the  commencement  of  the  first 
regular  full  term  of  every  newly  created  supei-ior 
judgeship  commences  on  the  first  Monday  in  January 
Lfirst  Monday  after  the  first  day  of  January]  after 
the  next  ensuing  general  election,  and  the  legislature 
has  no  power  to  extend  the  provisional  term  of  of- 
fice of  a  newly  created  judge  beyond  such  date.  (Peo- 
ple V.  Markham,  104  Cal.  232,  37  Pac.  918.) 

The  legislature  may  provide  for  the  appointment 
of  a  judge  of  a  newly  created  court  to  hold  until 
the  next  election.     (Brodie  v.  Campbell,  17  Cal.  11. 1 

A  district  judge,  elected  on  the  occasion  of  a  va- 
cancy in  the  office  caused  by  the  resignation  of  the 
incumbent,  holds,  not  merely  for  the  unexpired  term, 
but  for  the  full  six  years.  (People  v.  Burba nk,  12 
Cal.  378.) 

A  person  elected  judge  of  the  district  court  is  en- 
titled to  hold  lor  six  years,  and  it  is  not  necessary 
tliat  all  district  judges  should  be  elected,  or  that 
tlieir  terms  should  expire,  at  the  same  time.  (People 
v.    Weller,    11    Cal.    77.) 

Where,  after  the  appointment  of  a  judge  to  fill 
a  vacancy  caused  by  the  death  of  the  incumbent,  the 
legislature  passed  an  act  reducing  the  number  of 
judges  of  such  county,  and  providing  that  the  act 
should  go  into  effect  immediately  in  case  of  a  va- 
cancy in  the  term  prior  to  January  1,  1897,  the  act 
did  not  go  into  effect  by  reason  of  the  election  of 
a  judge  to  fill  the  unexpired  term.  (Church  v.  Col- 
gan,  117  Cal.  G85,  50  Pac.  12.) 

Sec.  7.  In  any  county,  or  city  and  county, 
other  than  the  city  and  county  of  San  Francisco, 
in  which  there  shall  be  more  than  one  judge  of 
the  superior  court,  the  judges  of  such  court  may 
hold  as  many  sessions  of  said  court  at  the  same 


Art.  YI,  §§  8,  9     CONSTITUTION  OF  1879.  174 

time  as  there  are  judges  thereof,  and  shall  appor- 
tion the  business  among  themselves  as  equally  as 
may  be. 

SESSIONS.- The  rule  is  the  same  in  the  city  and 
county  of  San  Francisco,  except  that  the  business 
of  the  court  is  apportioned  by  the  presiding  judge. 
(See  section  6  of  this  article.) 

Sec.  8.  A  judge  of  any  superior  court  may  hold 
a  superior  court  in  any  county,  at  the  request  of 
a  judge  of  the  superior  court  thereof,  and  upon 
the  request  of  the  governor  it  shall  be  his  duty 
so  to  do.  But  a  cause  in  a  superior  court  may 
be  tried  by  a  judge  pro  tempore,  who  must  be  a 
member  of  the  bar,  agreed  upon  in  writing  by  the 
parties  litigant  or  their  attorneys  of  record,  ap- 
proved by  the  court,  and  sworn  to  try  the  cause. 

JUDGE  OF  ONE  COUNTY  SITTING  IN  AN- 
OTHER.— Wliere  a  jud.yo  of  one  conntj'  acts  in  an- 
othei".  it  must  be  presumed  tliat  he  was  properly  re- 
(luested  to  do  so.  (In  re  Corralitos  etc.  Co.,  130  C'al. 
r)70,  (>2  rac.  107G.) 

Under  the  constitution  of  1849  it  w;is  held  th.at 
the  legislature  might  authorize  a  judge  of  one  dis- 
trict to  sit  and  act  in  anotlier  district,  although  no 
express  provision  was  made  in  the  constitution  on 
the   sul)jcct.      (I'eople  v.    Mc-Cauley,   1   Cal.   379.) 

A  statute  autliorizing  a  county  judge  of  one  county 
to  hold  court  for  the  county  judge  of  another  county 
is  valid.     (I'eople  v.  Mellon,  40  Cal.  (548.) 

Sec.  9.  The  legislature  shall  have  no  power  to 
grant  leave  of  absence  lo  any  judicial  officer; 
and  any  such  olTicor  who  shall  absent  himself 
from  tlic  state  for  more  ihtm  sixty  consecutive 
days  shall  be  deemed  to  liave  forfeited  his  office. 


175  CONSTITUTION  OF  1879.     Art.  VI,  §§  10,  11 

The  legislature  of  the  state  may  at  any  time, 
two-thirds  of  the  members  of  the  senate  and  two- 
thirds  of  the  members  of  the  assembly  voting 
therefor,  increase  or  diminish  the  number  of 
judges  of  the  superior  court  in  any  county,  or 
city  and  county,  in  the  state;  provided,  that  no 
such  reduction  shall  affect  any  judge  who  has 
been  elected. 

Sec.  10.  Justices  of  the  supreme  court,  and 
judges  of  the  superior  courts,  may  be  removed 
by  concurrent  resolution  of  both  houses  of  the 
legislature,  adopted  by  a  two-thirds  vote  of  each 
house.  All  other  judicial  officers,  except  justices 
of  the  peace,  may  be  removed  by  the  senate  on  the 
recommendation  of  the  governor,  but  no  removal 
shall  be  made  by  virtue  of  this  section,  unless 
the  cause  thereof  be  entered  on  the  journal,  nor 
unless  the  party  complained  of  has  been  served 
with  a  copy  of  the  complaint  against  him,  and 
shall  have  had  an  opportunity  of  being  heard  in 
his  defense.  On  the  question  of  removal,  the 
ayes  and  noes  shall  be  entered  on  the  journal. 

Sec.  11.  The  legislature  shall  determine  the 
number  of  justices  of  the  peace  to  be  elected  in 
townships,  incorporated  cities  and  towns,  or  cities 
and  counties,  and  shall  fix  by  law  the  powers, 
duties,  and  responsibilities  of  justices  of  the  peace ; 
provided,  such  powers  shall  not  in  any  case  trench 
upon   the  jurisdiction   of  the   several   courts   of 


Art.  VI,  §  11       CONSTITUTION  OF  1879.  176 

record,  except  that  said  justices  shall  have  con- 
current jurisdiction  with  the  superior  courts  in 
cases  of  forcible  entry  and  detainer,  where  the 
rental  value  does  not  exceed  twenty-five  dollars 
per  month,  and  where  the  whole  amount  of  dam- 
ages claimed  does  not  exceed  two  hundred  dollars, 
and  in  cases  to  enforce  and  foreclose  liens  on  per- 
sonal property  when  neither  the  amount  of  the 
liens  nor  the  value  of  the  property  amounts  to 
three  hundred  dollars. 

JUSTICES  OF  THE  PEACE— Creation  of.— A  jus- 
tice's coiu't  cannot  be  created  by  a  freeholders'  char- 
ter. (People  V.  Toal,  85  Cal.  333,  24  Pac.  603;  Peo- 
ple v.  Sands,  102  Cal.  12,  36  Pac.  404;  Milner  v. 
Reibensteln,  85  Cal.  593,  24  Pac.  935;  Ex  parte  Reilly, 
85  Cal.  632,  24  Pae.  807;  Ex  parte  Giamboninl,  117 
Cal.  573,  49  Pac.  732.) 

The  laws  relating  to  this  portion  of  the  judicial 
system  need  not  be  uniform  tliroushout  the  state, 
(kahn  V.  Sutro,  114  Cal.  316.  46  Pac.  87.) 

The  justice's  court  of  Berkeley  was  not  superseded 
by  the  constitution.  (Ex  parte  Armstrong,  84  Cal. 
655.  24  Pac.  598.) 

The  provision  of  the  County  novernment  Act  au- 
thorizing the  supervisors  to  appoint  a  justice  of  the 
peace  to  fill  a  vacancy  is  not  in  conflict  with  this 
••section  making  them  elective.  (People  v.  Chaves, 
122   Cal.   134.   54  Pac.  596.) 

.Justices  of  the  peace  are  judicial  ofbcer.s  and  must 
be  elected  at  the  general  election.  (MctJrew  v.  Mayor 
etc.  of  San  .lose.  .55  Cal.  611.) 

.Justices  of  the  peace  are  neither  city  nor  county 
ofhcers,  but  form  ]):irt  of  the  judicial  system  of  the 
Btate.  (I'eople  v.  Col)]).  21  Cal.  Dec.  779;  Kalm  v. 
Sutro,  114  Cal.  316.  46  Pac.  87.) 

Jurisdiction.- A  justice's  court  is  a  court  of  Hm- 
ited  and  inferior  Juiisdictioii,  and  its  jurisdiction 
must  be  shown  aflirniatively  by  a  i)arty  relying  upon 
or  claiming  any  riglit  or  title  under  its  judgments. 


177  CONSTITUTION  OP  1879.       Art.  VI,  §  11 

(Eltzroth  V.  Ryan,  89  Cal.  135.  26  Pac.  047:  Jones  v. 
Justice's  Court,  97  Cal.  52.3,  32  Pac.  575;  Keybers  v. 
MoComber,  G7  Cal.  395,  7  Pac.  838.) 

There  can  be  no  concurrent  jurisdiction  of  any 
special  proceedins?  other  than  the  two  mentioned  in 
this  section.  (Edsall  v.  Short,  122  Cal.  533,  55  Pac. 
327.) 

No  power  can  be  conferred  upon  justices  of  the 
peace  which  has  been  by  the  constitution  conferred 
upon  other  courts.  (Zander  v.  Coe,  5  Cal.  230;  Small 
V.  Gwinn,  6  Cal.  447.) 

But  where  the  jurisdiction  conferred  by  the  con- 
stitution is  not  exclusive,  the  same  may  be  con- 
ferred upon  justices'  courts.  (People  v.  Fowler,  9 
Oal.  85.) 

Where  the  justice  of  the  peace  has  no  jurisdiction, 
the  judgment  sliould  be  reversed  and  the  cause  dis- 
missed.    (Ford  V.  Smith,  5  Cal.  331.) 

It  has  been  held  that  an  appeal  to  the  superior 
court  upon  questions  of  law  and  fact  does  not  en- 
large the  jurisdiction  of  the  justice's  court,  or  con- 
fer jurisdiction  upon  the  superior  court,  If  the  jus- 
tice's court  had  no  jurisdiction.  (Ballerino  v.  Bigelow, 
90  Cal.  500.  But  see  De  Jarnatt  v.  Marquez.  3.32 
Cal.  700;  Hart  v.  Carnall-Hopkins  Co.,  103  Cal.  132, 
37  Pac.  19G.) 

Where  the  verified  answer  in  an  action  in  a  police 
court  discloses  that  the  action  involves  the  legality 
of  a  tax,  but,  notwithstanding,  the  court  proceeds 
with  the  case,  and  an  appeal  is  talceu  to  the  superior 
court  on  questions  of  law  and  fact,  the  superior 
oourt  acquires  jurisdiction— not  appellate,  but  origi- 
nal. (Santa  Barbara  v.  Eldred,  95  Cal.  378,  30  Pac. 
5G2.) 

Cases  at  law.— A  justice's  court  has  no  jurisdiction 
of  an  action  upon  a  promissory  note,  where  the 
amouut  of  the  principal  sum  and  attorneys'  fees  de- 
manded exceeds  three  hundred  dollars.  (De  Jarnatt 
V.  Marquez,  127  Oal.  558,  60  Pac.  45.) 

The  justice's  court  has  jurisdiction  of  an  action 
upon  a  money  demand  of  less  than  three  hundred 
dollars  for  improving  a  street  under  a  private  con- 
tract, where  there  is  nolliing  in  the  pleadings  to  show 
that  the   action   involves    the   title   or   possession   of 


Art.  VI,  §  11       CONSTITUTION  OF  1879.  178 

real  estate.  (Raisch  v.  Sausalito  etc.  Co.,  131  Cal. 
215.) 

Where  several  suits  to  recover  the  same  property, 
the  value  of  which  is  less  than  three  hundred  dol- 
lars, are  consolidated,  the  justice's  court  has  juris- 
diction  of  the  action  as  consolidated.  (Cariaga  v. 
Dryden,  29  Cal.  .307.) 

In  an  action  for  the  recovery  of  specific  property 
in  a  justice's  court,  the  standard  of  jurisdiction  is 
"the  value  of  the  property,"  and  it  would  seem  that 
the  justice's  jurisdiction  for  the  incidental  damages 
for  detention  is  unlimited;  and  at  all  events,  the  de- 
mand for  damages  cannot  oust  the  jjistice  of  juris- 
diction, if  the  value  of  the  property  is'less  than  three 
hundred  dollars.  (Astell  v.  Phillippi,  55  Cal.  2G5; 
Wratten  v.  Wilson,  22  Cal.  4G5.) 

A  justice's  court  has  no  jurisdiction  of  an  action 
for  the  recovery  of  projierty  alleged  to  exceed  three 
hundred  dollars  in  value,  altliough  the  complaint 
prays  judgment  for  a  less  sum  in  case  possession  can- 
not be  had.  (Shealor  v.  Superior  Court,  70  Cal.  5(i4, 
11  Pac.  053.) 

A  justice's  court  has  no  jurisdiction  of  a  counter- 
claim exceeding  the  jurisdictional  amount.  (Malson 
V.  Vaughn,  23  Cal.  01;  Maxfield  v.  Johnson,  30  Cal. 
^45.) 

The  justice's  court  has  jurisdiction  of  an  action 
for  the  recovery  of  property  of  tlie  value  of  two  hun- 
dred and  fifty  dollars  and  fifty  dollars  damages, 
where  the  plaintiff  only  prays  for  two  hundred  and 
ninety-nine  dollars,  since  both  the  value  of  the  proj)- 
orty  and  the  demand  are  less  llian  three  hundred 
dollars.     (Sanborn  v.  Supei'ior  Court,  GO  Cal.  42.5.) 

Forcible  entry  and  detainer. — The  words  "forci- 
ble entry  and  detainer"  include  unlawful  detainer 
after  the  expiration  of  the  term.  (Caulfield  v.  Stev- 
ens, 28  Cal.  118;  Rrummagini  v.  Spencer.  29  Cal. 
GOl;  Mecham  v.  McKay,  .•{7  Cal.  1.54;  Norblett  v. 
Farwell.  38  Cal.  155;  Stoppclkamp  v.  Mangeot,  42 
Cal.  310.) 

The  actual  rental  value,  and  not  the  value  alleged 
in  tlic  coiiiplaint.  is  the  (est  of  .finisdiction.  (Ballerlno 
v.   IJigelow,  90  Cal.  500,  27  I'ac.  372.J 


179  CONSTITUTION  OF  1879.       Art.  VI,  §  11 

The  justice's  court  has  no  jurisdiction  of  an  action 
of  unlawful  detainer,  when  the  amount  of  rent  due 
is  one  hundred  and  twenty  dollars,  and  the  plaintiff 
asks  to  have  it  trebled,  or  of  any  such  case  when 
the  amount  of  the  rent  when  trebled  exceeds  two 
hundred  dollars.  (Hoban  v.  Ilyan,  130  Cal.  96,  G2  Pac. 
296.) 

Real  property.— Where  the  proceedings  do  not  show 
on  their  face  that  the  title  or  possession  of  real  prop- 
erty is  involved,  but  only  that  it  may  contingently 
become  involved,  the  justice  has  jurisdiction-  to  try 
the  case,  unless  it  appears  that  the  predicted  contin- 
gency actuallv  occurred  during  the  trial.  (Hart  v. 
Carnall-IIopkins  Co..  103  Cal.  132,  37  Tac.  196.) 

Where  a  case  involving  the  title  or  possession  of 
real  property  is  appealed  from  the  justice's  court 
on  questions  of  law  and  fact,  the  superior  court  has 
jurisdiction  to  determine  the  case,  and  an  appeal 
may  be  taken  to  the  supreme  court  in  the  same  man- 
ner as  if  the  action  had  been  originally  brought  in 
the  superior  court,  or  had  been  transferred  to  it 
by  the  justice.  (Hart  v.  Carnall-Hopkins  Co.,  103 
Cal.  132,  37  Pac.  196.) 

A  complaint  to  recover  a  sum  paid  upon  a  con- 
tract to  locate  the  plaintiff  on  certain  government 
land  does  not  necessarily  involve  the  title  or  posses- 
sion of  real  property.  (Hart  v.  Carnall-IIopkins  Co., 
103  Cal.  132,  37  Pac.  196.) 

A  justice  of  the  peace  has  no  jurisdiction  to  try 
a  cause  for  an  injury  arising  out  of  a  diversion  of 
water.     (Hill  v.  Newman,  5  Cal.  445.) 

If  the  defendant's  verified  answer  raises  a  ques- 
tion of  title  to  real  property,  the  cause  must  be  trans- 
ferred.    (Poherty  v.  Thayer,  31  Cal.  140.) 

An  action  for  trespass  on  real  property  is  within 
the  jurisdiclion  of  a  justice  of  the  peace,  when  the 
damages  sued  for  are  less  than  three  hundred  dol- 
lars.    (Pollock  V.  Cummings,  38  Cal.  683.) 

Fines,  etc. — An  act  requiring  actions  to  recover  a 
penalty  imposed  upon  a  railroad  company,  for  charg- 
ing a  passenger  an  excess  of  fare,  to  be  brought 
in  the  justice's  court,  is  valid.  (Keed  v.  Omnibus  R. 
R.  Co.,  33  Cal.  212;  Smith  v.  Omnibus  R.  R.  Co.,  36 
Cal.  281.) 


Art.  VI,  §§  12, 13     CONSTITUTION  OF  1879.  180 

The  justice's  court  has  jurisdiction  of  an  action 
to  recover  two  hundred  dollars  for  a  forfeiture  for 
issuing  a  certificate  of  relief  in  violation  of  section 
596  of  the  Political  Code,  the  same  being  a  penalty 
given  by  statute,  and  not  a  municipal  fine.  (Thomas 
V.  Justice's  Court,  80  Cal.  40,  22  Pac.  80.) 

If,  in  an  action  to  recover  a  money  judgment  fof 
taxes,  an  answer  is  filed  which  puts  in  issue  tlie 
legality  of  the  tax,  the  justice  of  the  peace  is  ousted 
of  jurisdiction.     (People  v.  Mier,  24  Cal.  61.) 

Miscellaneous.— A  statute  conferring  equitable  ju- 
risdiction upon  justices'  courts  is  unconstitutional. 
(Young  V.  "Wright,  52  Cal.  407;  Sutherland  v.  Sweem, 
53  Cal.  48.) 

The  county  court  had  jurisdiction  to  try  an  indict- 
ment for  misdemeanor,  the  jurisdiction  of  the  justice 
of  the  peace  being  exclusive  as  to  misdiPmeanors 
where  no  indictments  had  been  found.  (Ex  parte 
McCarthy,   53   Cal.  412.) 

Sec.  12.  The  supreme  court, the  superior  courts, 
and  such  other  courts  as  the  legishiture  shall 
prescribe,  shall  be  courts  of  record. 

Sec.  13.  The  legislature  sliall  fix  by  law  the 
jurisdiction  of  any  inferior  courts  which  may  be 
established  in  pursuance  of  section  one  of  this 
article,  and  shall  fix  by  law  the  powers,  duties, 
and  responsibilities  of  the  judges  thereof. 

INFERIOR  COURTS.— The  jurisdiction,  powers. 
duties,  and  responsibilities  of  inferior  courts  cannot 
be  fixed  by  a  freeholder.s'  charter.  (People  v.  Ton  I, 
85  Cal.  333,  24  Pac.  (503;  Ex  parte  Keillv.  85  Cal. 
032,  24  Pac.  807;  I'eople  v.  Sands,  102  Cal.  12.  36 
Pac.  404;  Milnor  v.  Kcibenstein.  85  Cal.  5!):'..  24  Pac. 
935;  Ex  parte  (Jiambonini,  117  Cal.  573,  49  I'ac.  732.1 

The  municipal  supcwior  court  of  San  Francisco  had 
no  authority  to  issue  writs  of  quo  warranto,  it  being 
!in  inferior  court,  and  the  jurisdiction  not  being  ex- 


181  CONSTITUTION  OF  1879.     Art.  yi,  §§  14,  15 

pressly  conferred  by  statute.  (People  v.  Gillespie,  1 
Cal.  342.) 

As  to  the  jurisdiction  of  the  recorder's  court,  see 
Ex  parte  Soto,  88  Cal.  024,  26  Pac.  5:i0. 

The  legislature  may  create  a  recorder's  court  with 
a  dual  jurisdiction— beins  a  recorder  as  to  some  mat- 
ters, and  a  justice  of  the  peace  as  to  others.  (Prince 
V.  Fresno,  88  Cal.  407,  26  Pac.  606.) 

The  act  of  1889,  creating  the  police  court  of  the 
city  and  county  of  San  Francisco,  held  constitutional. 
(Ex  parte  Lloyd,   78  Cal.  421,  20  Pac.  872.) 

Sec.  14.  The  legislature  shall  provide  for  the 
election  of  a  clerk  of  the  supreme  court  and  shall 
fix  by  law  his  duties  and  compensation,  which 
compensation  shall  not  be  increased  or  diminished 
during  the  term  for  which  he  shall  have  been 
elected.  The  county  clerks  shall  be  ex  officio 
clerks  of  the  courts  of  record  in  and  for  their  re- 
spective counties,  or  cities  and  counties.  The 
legislature  may  also  provide  for  the  appointment, 
by  the  several  superior  courts,  of  one  or  more 
commissioners  in  their  respective  counties,  or  cities 
and  counties,  with  authority  to  perform  chamber 
business  of  ihe  judges  of  the  superior  courts,  to 
take  depositions,  and  perform  such  other  business 
connected  with  the  administration  of  justice  as 
may  be  prescribed  by  law. 

Sec.  15.  No  judicial  officer,  except  justices  of 
the  peace  and  court  commissioners,  shall  receive 
to  his  own  use  any  fees  or  perquisites  of  office. 

FEES  OF  JUDICIAL  OFFICERS— The  words 
"justices  of  the  peace"  as  used  in  this  section  include 
those,  by  whatever  name  they  are  called,  who  are 

Constitution — 16 


Art.  VI,  §§  16, 17    CONSTITUTION  of  1879.  182 

invested  with  the  duties  assigned  by  the  law  to  those 
officers,  and  include  a  recorder  of  a  city.  {Curtis  v. 
Sacramento,  13  Cal.  290.) 

Sec.  16.  The  legislature  shall  provide  for  the 
speedy  publication  of  such  opinions  of  the  su- 
preme court  as  it  may  deem  expedient,  and  all 
opinions  shall  be  free  for  publication  by  any  per- 
son. 

Sec.  17.  The  justices  of  the  supreme  court 
and  judges  of  the  superior  court  shall  severally, 
at  stated  times  during  their  continuance  in  office, 
receive  for  their  services  a  compensation  which 
shall  not  be  increased  or  diminished  after  their 
election,  nor  during  the  term  for  which  they  shall 
have  been  elected.  The  salaries  of  the  justices  of 
the  supreme  court  shall  be  paid  by  the  state. 
One-half  of  the  salary  of  each  superior  court 
judge  shall  be  paid  by  the  state;  the  other  half 
thereof  shall  be  paid  by  the  county  for  which  he 
is  elected.  During  the  term  of  the  first  judges 
elected  under  this  constitution,  the  annual  salar- 
ies of  the  justices  of  the  supreme  court  shall  be 
six  thousand  dollars  each.  Until  otherwise 
changed  by  the  legislature,  the  superior  court 
judges  shall  receive  an  annual  salary  of  throe 
thousand  dollars  each,  payable  monthly,  except 
the  judges  of  the  city  and  county  of  San  Fran- 
cisco, and  the  counties  of  Alameda,  San  Joaquin, 
Los  Angeles,  Santa  Clara,  Yuba  and  Sutter  com- 


183  CONSTITUTION  OF  1879.    Art.  VI,  §§  18, 19 

bined,  Sacramento,  Butte,  Nevada,  and  Sonoma, 
which  shall  receive  four  thousand  dollars  each. 

SALARIES  OF  JUDICIAL  OFFICERS.— This  pro- 
vision does  not  exempt  .iiulges  from  the  necessity  of 
an  appropriation  for  tlieir  salaries  by  the  legislature. 
(Myers  v.  English,  9  Cal.  341.) 

Sec.  18.  The  justices  of  the  supreme  court  and 
judges  of  the  superior  courts  shall  be  ineligible  to 
any  other  office  or  public  employment  than  a  ju- 
dicial office  or  employment  during  the  term  for 
which  they  shall  have  been  elected. 

Sec.  19.  Judges  shall  not  charge  juries  with 
respect  to  matters  of  fact,  but  may  state  the  tes- 
timony and  declare  the  law. 

INSTRUCTIONS.— A  mere  statement  of  the  evi- 
dence is  not  in  violation  of  this  section.  (People  v. 
Christensen,  85  Cal.  508,  24  Pac.  888.) 

It  is  error  for  the  judge  to  state  his  impressions  of 
the  substance  and  effect  of  the  testimony  without 
stating  its  contents,  and  to  tell  the  jury  that  other 
witnesses  corroborate  certain  statements  of  the  pros- 
ecuting witness.  (People  v.  Gordon,  88  Cal.  422,  26 
Pac.  502.) 

An  instruction  that  "the  testimony  in  the  case 
shows"  certain  facts  Is  violative  of  this  section.  (Peo- 
ple V.  Casey,  65  Cal.  260.) 

A  charge  which  assumes  as  proven  a  fact  in  issue 
is  erroneous.  (Caldwell  v.  Center,  30  Cal.  539;  Peo- 
ple V.  Dick,  32  Cal.  213.) 

As  to  the  effect  of  this  provision  on  section  2061 
of  the  Code  of  Civil  Procedure,  see  People  v.  Paulsell, 
115  Cal.  6,  14,  46  Pac.  734. 

Improper  instructions.— The  following  particular 
instructions  have  been  held  to  violate  this  section: 
An  instruction  tliat  possession  of  property  recently 
stolen  is  a  strong  circumstance  of  guilt  (People  v. 


Art.  VI,  §  19       CONSTITUTION  OF  1879.  184 

Cline,  74  Cal.  575,  16  Pac.  391;  Teople  v.  Titherington, 
59  Cal.  598;  People  v.  Ah  Sing,  59  Cal.  400);  an  iiistruc- 
tion  that  the  recent  possession  of  stolen  goods  raises 
a  presumption  that  the  possessor  is  the  thief  (People  v. 
(Jutierrez.  74  Cal.  81.  15  Pac.  444;  People  v.  Mitchell, 
55  Cal.  23Gi;  an  instruction  that  the  flight  of  the  de- 
fendant is  strong  pri'sumptive  evidence  of  his  guilt 
(People  V.  Wong  Ali  Ngow.  54  Cal.  151);  a  charge 
as  to  the  relative  value  of  direct  and  circumstantial 
evidence  (People  v.  Vereneseneckockockhoff.  129  Cal. 
497,  58  Pac.  156,  62  Pac.  Ill;  People  v.  O'Brien,  130 
Cal.  1,  62  Pac.  297);  an  instruction  that  "it  may  be 
impossible  to  show  or  estal)lish  a  motive,  for  the  rea- 
son that  we  cannot  fathom  the  mind  of  the  accused 
on  trial,  and  ascertain  if  there  is  not  a  hidden  de- 
sire of  vengeance  or  some  passion  to  be  gratified" 
(People  V.  Yereneseneckockocklioff.  129  Cal.  497,  58 
Pac.  156,  62  Pac.  Ill;  People  v.  Botkin,  132  Cal.  231); 
an  instruction  that  certain  facts  are  propi'r  to  be  tak- 
en into  consideration  l)y  the  jury,  as  throwinsr  doubt 
upon  a  certain  controverted  fact  (People  v.  I.,ee,  119 
Cal.  84.  51  Pac.  22):  an  instruction  that  if  the  jury 
are  satisfied  that  an  attempt  to  commit  rape  was 
made,  the  evidence  must  also  satisfy  thetn  tliat  it 
was  accomplislu'd,  and  that  in  tlie  opinion  of  the 
judge  upon  the  evidence  there  could  be  no  conviction 
of  an  attempt  (People  v.  Baldwin,  117  Cal.  244,  4!) 
Pac.  186);  an  Instruction  that  if  the  prosecutrix  com- 
mitted ICAvd  and  immodest  acts,  she  was  not  of 
chaste  character  (People  v.  Samonset,  97  Cal.  448,  32 
Pac.  520);  an  instruction  thnt  tlie  testimony  of  an 
accomplice  ouglit  to  be  viewed  with  distrust,  and  the 
evidence  of  tlie  oral  admissions  of  ;i  i):iity  with  cau- 
tion (Peoido  v.  O'Brien,  96  Cal.  171.  i'.l  Pac.  45);  an 
instruction  tli.it.  if  tlie  testimony  is  believed,  it  would 
undoubtedly  iii.iUe  out  a  case  of  murder  in  the  first 
degree,  ami  tli;it  it  tended  to  show  tliat  the  murder 
was  willful  (People  v.  Clunv  Sing  Wing.  88  C.il.  268, 
25  Pac.  1099);  an  instruction  that  the  testimony  of 
the  prosecuting  witness  not  being  disputed,  the  jury 
were  bound  to  presume  it  to  be  true,  where  there  Is 
a  condict  as  to  the  facts  testilied  to  by  such  witness 
(People  V.  Murray,  86  Cal.  :U.  24  Pac.  S(»2);  an  in- 
struction virtually  assuming  the  testimony  of  a  party 


185  CONSTITUTION  OF  1879.       Art.  VI,  §  20 

to  a  material  fact  to  be  true  (Vulicevich  v.  Skinner, 
77  Cal.  239,  19  Pac.  424);  an  instruction  that  unless 
tlie  duni  had  gates  sufficient  for  certain  named  pur- 
poses, it  was  insufficiently  and  negligently  con- 
structed (Weiderkind  v.  Tuolumne  County  Water  Co., 
Go  Cai.  431,  4  Pac.  415). 

Proper  instructions.— On  the  other  hand,  the  fol- 
lowing instructions  have  been  held  not  to  violate 
this  provision:  An  instruction  that  the  jury  may  con- 
sider the  circumstance  that  the  defendant  fled  from 
arrest  (People  v.  Ross,  115  Cal.  2.33,  40  Pac.  1059);  an 
instruction  that  there  is  no  evidence  which  would  re- 
duce the  crime  charged  to  manslaughter  (People  v. 
King,  27  Cal.  507);  an  instruction  that  there  Avas  evi- 
dence tending  to  show  that  the  watch  yvim  taken  near 
the  door,  and  that  the  defendant  testified  that  he 
picked  it  up  near  the  counter  (People  v.  Perry,  65 
Cal.  5(k8,  4  Pac.  572);  an  instruction  that  possession 
of  stolen  goods  soon  after  they  were  stolen,  unless  sat- 
isfactorily explained,  is  a  circumstance  to  be  consid- 
ered in  connection  with  other  suspicious  facts,  in  de- 
termining the  guilt  of  the  defendant  (People  v.  Han- 
non,  85  Cal.  374,  24  Pac.  70(;);  an  instruction  that  the 
juiy  might  consider  the  relation  of  the  defendant  to 
the  case  in  considering  his  testimony,  the  conse- 
quences to  him  resulting  from  the  verdict,  etc.  (Peo- 
ple V.  O'Brien,  9(!  Cal.  171,  31  Pac.  45);  an  instruction 
that  a  ratitication  may  be  found  from  an  unreason- 
able delay  to  object  (Hill  v.  Fiuigan,  77  Cal.  207,  19 
Pac.  494). 

Sec.  20.  The  style  of  all  process  shnll  be,  "The 
People  of  the  State  of  California,"'  and  all  prose- 
cutions shall  be  conducted  in  their  name  and  by 
their  authority. 

PROCESS. — The  word  "process"  as  used  in  this 
section  does  not  apply  to  the  warrants  by  which 
prisoners  are  held  and  committed  to  the  state  prison 
after  conviction.  (Ex  parte  Ahern,  103  Cal.  412,  37 
Pac.  390.) 

The  notice  to  be  given  to  creditors  on  filing  a  pe- 
tition in  insolvency  is  not  process;  and  even  if  it  were 


Art.  VI,  §§  21-23    coxstitution  of  1879.  186 

process,  the  fact  that  it  does  not  run  in  the  name  of 
the  people  of  the  state  of  California  is  not  a  fatal  er- 
ror goinc  to  the  jurisdiction.  (Brewster  v.  Ludekins, 
19  Cal.  102.) 

An  action  to  punish  a  defendant  for  the  violation 
of  an  ordinance  is  a  criminal  action,  and  must  be 
prosecuted  in  the  name  of  the  people.  (Santa  Bar- 
bara V.  Sherman.  61  Cal.  57.) 

An  act  authorizing  the  removal  of  a  board  of  super- 
visors from  office  for  delay  in  fixing  water  rates  "at 
the  suit  of  any  interested  party"  is  in  conflict  with 
this  section.  (Fitch  v.  Supervisors.  122  Cal.  285,  54 
Pac.  901.) 

An  order  of  arrest  in  a  civil  action  is  not  "process" 
within  the  meaning  of  this  section.  (Dusy  v.  llelm, 
59  Cal.  188.) 

Sec.  21.  The  justices  shall  appoint  a  reporter 
of  the  decisions  of  the  supreme  court,  who  shall 
hold  his  offioe  and  be  removable  at  their  pleasure. 
He  shall  receive  an  annual  salary  not  to  exceed 
twenty-five  hundred  dollars,  payable  monthly. 

REPORTER  OF  DECISIONS.— The  provision  of 
this  section  as  to  the  salary  of  tho  reporter  is  pro- 
hibitory, and  forbids  a  salary  greater  than  two  thou- 
sand five  hundred  dollars.  (Smith  v.  Kentield,  57 
Cal.  138.) 

Sec.  22.  Xo  judge  of  a  court  of  record  shall 
practice  law  in  any  court  of  this  state  during  his 
continuance  in  office. 

Sec.  23.  No  one  shall  be  eligible  to  the  office 
of  justice  of  the  supreme  court,  or  to  the  office 
of  judge  of  a  superior  court,  unless  he  shall  have 
been  admitted  to  practice  before  the  supreme  court 
of  the  state. 


187  CONSTITUTION  OF  1879.       Art.  VI,  §  24 

Sec.  24.  No  judge  of  a  superior  court  nor  of 
the  supreme  court  shall,  after  the  first  day  of 
July,  one  thousand  eight  hundred  and  eighty,  he 
allowed  to  draw  or  receive  any  monthly  salary  un- 
less he  shall  take  and  subscribe  an  affidavit  be- 
fore an  officer  entitled  to  administer  oaths,  that 
no  cause  in  his  court  remains  undecided  that  has 
been  submitted  for  decision  for  the  period  of 
ninety  days. 

DECISIONS.— Failure  to  decide  all  cases  within 
ninety  days  does  not  worlj  a  forfeiture  of  the  salary 
of  the  judge.    (Meyers  v.  Kenfield,  62  Cal.  512.) 


Art.  YII,  §  1      CONSTITUTION  OF  1879.  iS8 


■       ARTICLE  VII. 

PARDONING  POWER. 

Section  1.  The  governor  shall  have  the  power 
to  grant  reprieves,  pardons,  and  commutations  of 
sentence,  after  conviction,  for  all  offenses  except 
treason  and  cases  of  impeachmont,  ujion  such  con- 
ditions, and  with  such  restrictions  and  limitations, 
as  he  ma}'  think  proper,  sul)ject  to  such  regula- 
tions as  may  be  provided  hy  law  relative  to  the 
manner  of  applying  for  pardons.  Upon  convic- 
tion for  treason,  the  governor  shall  have  power 
to  suspend  the  execution  of  the  sentence  nntil  the 
case  shall  be  reported  to  the  legislature  at  its 
next  meeting,  when  the  legislature  shall  either 
pardon,  direct  the  execution  of  the  sentence,  or 
grant  a  further  reprieve.  The  governor  shall 
communicate  to  the  legislature,  at  the  beginning 
of  every  session,  every  case  of  reprieve  or  ])ardon 
granted,  staling  the  name  of  Ihe  convict,  the 
crime  of  which  lie  was  convicted,  the  sentence,  its 
date,  the  date  of  the  pardon  or  reprieve,  and 
the  reasons  for  granting  the  same.  Neither  tlie 
governor  nor  the  legislature  shall  Itave  power  to 
grant  pardons,  or  commutations  of  sentence,  in 


189  CONSTITUTION  OF  1879.       Art.  VII,  §  1 

any  case  where  the  convict  has  been  twice  con- 
victed of  felony,  unless  upon  the  written  recom- 
mendation of  a  majority  of  the  judges  of  the  su- 
preme court. 

PARDONING  POWER.— The  pardoning  power  is 
the  same  ;is  tliat  exercised  by  the  representatives  of 
the  Englisli  crown  in  this  country  in  colonial  times. 
(People  V.  Bowen.  43  Cal.  439.) 

A  document  signed  by  the  governor  releasing  a 
prisoner  before  the  expiration  of  his  term  for  good 
behavior  does  not  remove  the  disability  to  testify. 
(Blanc  V.  Kodgers,  49  Cal.  15.) 

A  i)ardon  removes  the  disability  to  testify,  and  all 
•disabilities  which  follow  the  conviction.  (People  v. 
Bowen,  43  Cal.  439.) 

An  offender  may  l)e  pardoned  after  he  has  suffered 
the  punishment  adjudged  for  his  crime.  (People  v. 
Bowen,  43  Cal.  439.) 

An  executive  act  restoring  a  convicted  criminal  to 
the  riglit  of  citizenship  is  not  a  pardon  and  does  not 
remove  the  legal  infamy  and  disability.  (People  v. 
Bowen,  43  Cal.  439.) 

The  pardoning  power  does  not  extend  to  the  rein- 
statement of  an  attorney  excluded  from  the  practice 
by  law  or  the  order  of  a  court.  (Cohen  v.  Wright, 
22  Cal.  293,  323.) 

The  governor  may  pardon  as  well  before  as  after 
trial.  (Ilatztield  v.*  Gulden,  7  Watts,  152;  York  Co. 
V.  Dalhousie,  45  Pa.  St.  372;  Commonwealth  v.  Hilch- 
man,  40  Pa.  St.  357.) 

The  pardon  may  be  conditional  as  well  as  absolute. 
(Howell's  Case,  s'Watts  &  S.  197;  People  v.  Potter,  1 
Park.  C.  C.  47:  Ex  parte  Wells,  IS  How.  314.) 

If  a  pardon  be  obtained  by  fraud  it  may  be  re- 
volved before  actual  delivery.  (Ex  parte  De  Puy,  3 
Ben.  307;  Commonwealth  v.  Ahl,  43  Pa.  St.  53.) 

The  pardoning  power  has  no  authority  to  decree  a 
repayment  of  a  fine.  (Cook  v.  Middlesex,  27  N.  J.  L. 
037.) 

Delivery  is  essential  to  give  effect  to  a  pardon. 
(Matter  of  De  Puv.  3  Ben.  320;  Commonwealth  v. 
Halloway,  41  Pa.  St.  210.) 


Art.  VIII,  §  1       CONSTITUTION  OF  1879.  190 


AETICLE  VIII. 

MILITIA. 

§    1.    Organization  and  calling  forth  of. 
§    2.    Device,  banner,  or  flag  to  be  used. 

Section  1.  The  legislature  shall  provide,  by 
law,  for  organizing  and  disciplining  the  militia, 
in  such  manner  as  it  may  deem  expedient,  not  in- 
compatible with  the  constitution  and  laws  of  the 
United  States.  Officers  of  the  militia  shall  be 
elected  or  appointed  in  such  manner  as  the  legis- 
lature shall  from  time  to  time  direct,  and  shall 
be  commissioned  by  the  governor.  The  governor 
shall  have  power  to  call  forth  the  militia  to  exe- 
cute the  laws  of  the  state,  to  suppress  insurrec- 
tions, and  repel  invasions. 

MILITIA. — As  to  the  power  of  the  governor  to  call 
out  the  militia,  see  Stimson's  American  Statute  Law, 
sec.  298. 

An  act  authorizing  the  governor  to  call  out  the 
militia  when  he  deemed  it  necessary  to  suppress  riots 
or  mobs  Avas  held  unconstitutional.  (Green  v.  State, 
15  Loa,  708.) 

Tlio  mere  refusal,  by  Inoumbents  of  offices,  to  sur- 
render tliem  is  not  an  insurrection,  and  will  not  jus- 
tify employment  of  the  militia.  (In  re  Fire  etc. 
Oommrs.,  19  Colo.  503.) 


191  CONSTiTUTioisr  OF  1879.      Art.  VIII,  §  2 

Sec.  2.  All  military  organizations  provided  for 
by  this  constitution,  or  any  law  of  this  state,  and 
receiving  state  support,  shall,  while  under  arms 
either  for  ceremony  or  duty,  carry  no  device,  ban- 
ner, or  flag  of  any  state  or  nation,  except  that  of 
the  United  States  or  the  state  of  California. 


Art.  IX,  §  1         CONSTITUTION  OF  1879.  192 


AKTICLE  IX. 

EDUCATION. 

§    1.     Promotion  of  intellectual  improvement. 

§     2.     Superintendent  of  public  instruction. 

§     3.     County   superintendents   of  schools. 

§  4.  School  funds,  source  and  origin,  and  how  ap- 
propriated. 

§    5.     System  of  common  schools  to  be  provided. 

{5     6.     School  system,  what  to  Include. 

§  7.  Text-books,  who  to  adopt— Local  Ijoards  of  ed- 
ucation. 

§     8.     Sectarianism  prohibited. 

§  9.  University  fund,  creation,  management,  and 
application  of. 

§  10.     Leland   Stanford  Juriior  University. 

§  11.     The  California  School  of  Mechanical  Arts. 

Section  1.  A  general  diiTusion  of  knowledge 
and  intolliironce  being  essential  to  the  preservation 
of  the  riglits  and  liberties  of  llie  peojile,  the  legis- 
lalure  shall  encourage  by  all  suitable  means  the 
])roniotion  of  intellectual,  scientific,  moral,  and 
agricultural  improvement. 

EDUCATION.-Ti)o  act  of  ISSO  establishing  tlie 
state  agiicuitural  sdciety,  and  providing  for  tlie  ex- 
liiliitioM  of  breeds  of  lioises.  rlc.  and  of  agricultural, 
nicclianical.  ;ind  domestic  manufactures  and  produc- 
tions, is  autliorizcd  by  tills  section.  (Melviu  v.  State, 
11' I  Cal.  Ki,  7>-^  I'ac.  41  (J.) 


193  CONSTITUTION  OF  1S79.     Art.  IX,  §§  2-4 

Sec.  2.  A  superintendent  of  public  instruction 
shall,  at  each  gubernatorial  election  after  the 
adoption  of  this  constitution,  be  elected  by  the 
qualified  electors  of  the  state.  He  shall  receive 
a  salary  equal  to  that  of  the  secretary  of  state, 
and  shall  enter  upon  the  duties  of  his  office  on 
the  first  Monday  after  the  first  day  of  January 
next  succeeding  his  election. 

Sec.  3.  A  superintendent  of  schools  for.  each 
county  shall  be  elected  by  the  qualified  electors 
thereof  at  each  gubernatorial  election;  provided, 
that  the  legislature  may  authorize  two  or  more 
counties  to  unite  and  elect  one  superintendent  for 
the  counties  so  uniting. 

SUPERINTENDENT.— The  supei-intenclent  of 
schools  is  a  county  officer.  (People  v.  Babcock,  114 
Cal.  559,  46  Pac.  818.) 

The  superiutondent  of  schools  of  San  Francisco  is 
not  affected  by  the  proyision  of  the  County  Goyern- 
ment  Act  making:  the  board  of  suporyisors  the  ap- 
pointins:  power.  (People  y.  Babcock,  114  Cal.  559,  40 
Pac.  818.) 

The  election  of  superintendent  of  schools  is  groy- 
erned  by  this  constitutional  proyision,  and  not  by  the 
County  Goyernment  Act.  (Kahn  y.  Sutro,  114  Cal. 
316,  40  Pac.  87.) 

Under  a  provision  of  the  Consolidation  Act  provid- 
ing that  otHcers  appointed  to  fill  yacancies  should 
hold  office  "until  the  regular  election  then  next  fol- 
lowing," a  superintendent  of  schools  thus  appointed 
will  only  hold  till  the  next  general  election,  and  not 
till  the  next  gubernatorial  election.  (People  v.  Bab- 
cock, 123  Cal.  307,  55  Pac.  1017.) 

Sec.  4.  The  proceeds  of  all  lands  that  have 
been  or  may  be  granted  by  the  United  States  to 

Constitution— 17 


Art.  IX,  §  5         CONSTITUTION  OF  1879.  194 

this  state  for  the  support  of  common  schools  which 
may  be,  or  may  have  been,  sold  or  disposed  of, 
and  the  five  hundred  thousand  acres  of  land 
granted  to  the  new  states  under  an  act  of  Con- 
gress distributing  the  proceeds  of  the  public  lands 
among  the  several  states  of  the  Union,  approved 
A.  D.  one  thousand  eight  hundred  and  forty-one, 
and  all  estates  of  deceased  persons  who  may  have 
died  without  leaving  a  will  or  heir,  and  also  such 
per  cent,  as  may  be  granted,  or  may  have  been 
granted,  by  Congress  on  the  sale  of  lands  in  tliis 
state,  shall  be  and  remain  a  perpetual  fund,  the 
interest  of  which,  together  with  all  the  rents  of 
the  unsold  lands,  and  such  other  means  as  the 
legislature  may  provide,  shall  be  inviolably  ap- 
propriated to  the  support  of  common  schools 
throughout  the  state. 

SCHOOL  FUND.— Tbe  word  "means"  includes  any 
fund  aiisiiiii  from  annual  taxation  for  school  purposes 
levied  under  general  laws  passed  for  that  purpose. 
(Crosby  v.  Lyon.  37  Cal.  242.) 

Whenever  the  legislature  raises  a  fund  for  the  sup- 
port of  common  schools,  any  contemporaneous  or  sub- 
sequent legislation  having  for  its  object  tlie  diversion 
of  sucli  fund  to  any  other  purpose  is  void.  (Crosby 
V.  Lyon,  ;!7  Cal.  242.) 

Tliis  section  does  not  limit  the  power  of  the  legis- 
lature to  declare  tliat  aliens  may  be  heirs.  It  con- 
templates some  i)roce(lure  in  the  nature  of  otlice 
found  by  wliicli  the  right  of  the  state  shall  be  ascer- 
tained and  (ieterniined.  and  legislation  providing  for 
the  sale  of  the  land.  (State  v.  Smith,  70  Cul.  153,  12 
Pac.  321.) 

Sec.  5.     The  legislature  shall  provide  for  a  sys- 
tem of  common  schools  by  which  a  free  school 


Article  IX,  Section  6. 

Sec.  6.  The  public  school  system  shall  include 
primary  and  grammar  schools,  and  such  high 
schools,  evening  schools,  normal  schools,  and 
technical  schools  as  may  be  established  by  the 
legislature,  or  by  municipal  or  district  authority. 
The  entire  revenue  derived  from  the  state  school 
fund  and  from  the  geneial  state  school  tax  shall 
be  applied  exclusively  to  the  support  of  primary 
and  grammar  schools ;  but  the  legislature  may 
authorize  and  cause  to  be  levied  a'  special  state 
school  tax  for  the  support  of  high  schools  and 
technical  schools,  or  either  of  such  schools,  in- 
cluded in  the  public  school  system,  and  all 
revenue  derived  from  such  special  tax  shall  be 
applied  exclusively  to  the  support  of  the  schools 
for  which  such  special  tax  shall  be  levied. 
(Amendment  adopted  November  4,  1902.) 


195  CONSTITUTION  OF  1879.         Art.  IX.  §  6 

shall  be  kept  up  and  supported  in  each  district  at 
least  six  months  in  every  year,  after  the  first  year 
in  which  a  school  has  been  established. 

SCHOOL  SYSTEM.— The  opportunity  for  instruc- 
tion in  public  schools  given  by  the  statutes  and  con- 
stitution is  a  legal  right,  as  much  as  a  vested  right  in 
property.     (Ward  v.  Flood,  48  Cal.  36.) 

By  the  constitution  the  educational  department  is 
made  a  state,  as  distinguished  from  a  municipal, 
care,  and  the  regulation  of  schools  in  San  Francisco 
does  not  remain  unchangeable  under  the  Consolida- 
tion Act.  The  Consolidation  Act  may  remain  for  mu- 
nicipal purposes,  yet  the  educational  department,  as 
a  state  matter,  be  subject  to  general  laws  passed  for 
that  purpose.  (Earl  v.  Board  of  Education,  55  Cal. 
489.) 

This  provision  requires  the  adoption  of  one  sys- 
tem, which  shall  be  applicable  to  all  the  common 
schools.  (Kennedy  v.  Miller,  97  Cal.  429.  32  Pac.  558; 
San  Diego  v.  Dauer,  97  Cal.  442.  32  Pac.  561;  Bruch 
V.  Golombet,  104  Cal.  347,  38  Pac.  45.) 

It  does  not  authorize  one  system  for  school  dis- 
tricts having  boards  of  education,  and  another  sys- 
tem for  school  districts  not  having  boards  of  educa- 
tion.    (Bruch  V.  Colombet,  104  Cal.  347,  38  Pac.  45.) 

It  is  within  the  constitutional  power  of  the  legis- 
lature to  provide  for  the  establishment  of  separate 
schools  for  colored  children,  and  the  exclusion  of  col- 
ored children  from  schools  attended  by  white  chil- 
dren. (Wysinger  y.  Crookshank,  82  Cal.  588,  23  Pac. 
54;  Ward  v.  Flood,  48  Cal.  36.) 

But  the  legislature  cannot,  while  providing  a  sys- 
tem of  education  for  the  youth  of  the  state,  exclude 
from  its  benefits  children  merely  because  of  their 
African  descent.     (AVard  v.  Flood,  48  Cal.  36.) 

Sec.  6.  The  public  school  system  shall  include 
primary  and  grammar  schools,  and  such  high 
schools,  evening  schools,  normal  schools,  and  tech- 
nical schools  as  may  be  established  by  the  legis- 


Art.  IX,  §  7         coxsTiTVTiox  of  1879.  190 

lature,  or  by  municipal  or  district  authority;  but 
the  entire  revenue  derived  from  the  state  school 
fund,  and  the  state  school  tax,  shall  be  applied 
exclusively  to  the  support  of  primary  and  gram- 
mar  schools. 

SCHOOLS  AND  FUNDS.— High  schools  are  an  in- 
tegral  part  of  our  public  school  system.  (Chico  High 
School  Board  v.  Supervisors,  118  Cal.  115,  50  Pac. 
275.) 

A  law  providing  a  special  method  of  levying  a  tax 
for  high  schools,  differing  from  that  provided  for 
other  school  districts,  is  valid.  (People  v.  Lodi  High 
School  Dist,  124  Gal.  ti94,  57  Pac.  GtiO.) 

A  statute  authorizing  county  assessors  to  retain,  as 
their  conii)pnsation  in  collecting,  fifteen  per  cent,  of 
all  poll  taxes  collected  by  them,  is  not  in  conflict  wi 
this  section,  since  tlie  word  "exclusively"  is  directed 
to  the  point  that  the  school  funds  must  be  applied  to 
the  support  of  primary  and  grammar  schools,  to  the 
exclusion  of  other  schools.  (San  Luis  Obispo  v. 
Felts,  104  Cal.  00,  37  Pac.  780.) 

The  words  "average  daily  attendance,"  used  in  sub- 
division 4  of  section  185S  of  the  I'olitical  Code,  in  re- 
gard to  apportionment  of  funds,  mean  average  daily 
attendance  in  the  common  schools  of  the  district,  and 
do  not  include  the  high  schools  and  evening  scliools. 
(Stoclitou  School  Dist.  v.  Wright,  22  Cal.  Dec.  353.) 

Sec.  7.  The  governor,  the  superintendent  of 
public  instruction,  the  president  of  the  University 
of  California,  and'  the  professor  of  pedagogy 
therein,  and  the  principals  of  the  state  normal 
schools  shall  constitute  the  state  board  of  educa- 
tion, and  shall  compile,  or  cause  to  be  compiled, 
and  adopt,  a  uniform  series  of  text-books  for  use 
in  the  common  schools  throughout  the  state.  The 
state  board    may   cause    such    text-books,    when 


197  coNSTiTUTiox  OF  1879.         Alt.  IX.  §  7 

adopted,  to  be  printed  and  puLlishcd  by  the  su- 
perintendent of  state  printing,  at  the  state  print- 
ing office,  and,  when  so  printed  and  published,  to 
be  distributed  and  sold  at  the  cost  price  of  print- 
ing, publishing,  and  distributing  the  same.  The 
text-books  so  adopted  shall  continue  in  use  not 
less  than  four  years;  and  said  state  board  shall 
perform  s\ich  other  duties  as  may  be  prescribed  by 
law.  The  legislature  shall  provide  for  a  board 
of  education  in  each  county  in  the  state.  The 
county  superintendents  and  the  county  boards,  of 
education  shall  have  control  of  the  examination 
of  teacliers  and  the  granting  of  teachers'  certifi- 
cates within  their  respective  jurisdictions. 
[Amendment  adopted  Kovernber  6,  1894.] 

[AMENDMENT  OF  1885. 1 
Sec.  7.  The  governor,  superiutendent  of  public  in- 
structiou,  and  the  principals  of  the  state  normal 
schools,  shall  constitute  the  state  board  of  education, 
and  shall  compile,  or  cause  to  be  compiled,  and  adopt 
a  uniform  series  of  text-boolis  for  use  in  the  com- 
mon schools  throughout  the  state.  The  state  board 
may  cause  such  text-books,  when  adopted,  to  be 
printed  and  published  by  the  superintendent  of  state 
printing,  at  the  state  printing  office;  and  when  so 
printed  and  published,  to  be  distributed  and  sold  at 
the  cost  price  of  printing,  publishing,  and  distribut- 
ing the  same.  The  text-boolis,  so  adopted,  shall  con- 
tinue in  use  not  less  than  four  years;  and  said  state 
board  shall  perform  such  other  duties  as  may  be 
prescribed  by  laAV.  The  legislature  shall  provide  for 
a  board  of  ediication  in  each  county  in  the  state. 
The  county  superintendents  and  the  county  boards  of 


Art.  IX,  §  7         coxsTiTUTiox  of  1S79.  108 

education  shall  have  control  of  the  examination  of 
teachers  and  the  granting  of  teachers'  certificates 
within  their  respective  jurisdictions.  [Ratification 
declared   February  12,  1SS5.] 

[ORIGINAL  SECTION.] 
Sec.  7.  The  local  boards  of  education,  and  the 
boards  of  supervisors,  and  the  county  superintendents 
of  the  several  counties  which  may  not  have  county 
l>oards  of  education,  shall  adopt  a  series  of  text-books 
for  the  use  of  the  common  schools  within  their  re- 
spective jurisdictions;  the  text-books  so  adopted  shall 
continue  in  use  for  not  less  than  four  years;  they 
shall  also  have  control  of  the  examination  of  teacliers 
and  the  granting  of  teachers'  certificates  within  their 
several  jurisdictions. 

TEXT-BOOKS,  ETC.— This  section  is  self-execut- 
ing in  so  far  as  it  provides  for  the  selection  of  text- 
books by  local  boards,  and  operated  as  a  repeal  of 
the  act  of  1875,  which  provided  tliat  the  text-books 
in  use  in  the  years  1S7:?,  1874,  1875,  should  be  con- 
tinued in  use  until  otlierwise  provided  by  statute. 
(People  v.  Board  of  Education.  55  Cal.  3.S1.) 

The  board  of  education  is  a  legal  body,  capable 
of  suing  for  lots  conveyed  to  thom  by  the  fund  com- 
missioners.    (Board  of  Education  v.  Fowler,  19  Cal. 

II.) 

The  phrase  "local  board"  applies  to  the  territory 
over  winch  it  exercises  jurisdiction  as  a  board.  Each 
Ivoard  is  local  as  to  the  territory  of  its  jurisdiction. 
The  board  in  a  city  is  local  to  Iho  city;  the  board  of 
a  township  is  local  as  to  the  township,  and  the  board 
of  a  county  is  local  as  to  the  county;  and  where  por- 
tions of  a  county  are  subject  to  local  boards  for  such 
portions,  the  county  board  is  local  as  to  the  balance 
of  the  county.  (IN'ople  v.  Board  of  lOducation,  55 
Cal.  331.) 

The  provision  of  tliis  s(>ction  confcM'iing  upon  coun- 
ty superintendents  and  tiie  county  l)oar(l  of  education 
"control,"  etc.,  is  not  to  be  construed  as  conferring 


199  CONSTITUTION  OF  1879.        Art.  IX,  §§  8,  9 

unlimited  or  exclusive  control,  or  power  to  legislate 
upon  that  subject,  nor  as  taking  away  the  power  of 
the  legislature  to  prescribe  the  rules  by  which  the 
qufilifieations  of  teachers  shall  be  determined,  and  to 
determine  what  shall  entitle  them  to  a  certificate. 
(Mitchell  v.  Winnek,  117  Cal.  520,  49  Pac.  579.) 

Sec.  8.  No  public  money  shall  ever  be  appro- 
priated for  the  support  of  any  sectarian  or  de- 
nominational school,  or  any  school  not  under  the 
exclusive  control  of  the  officers  of  the  public 
schools;  nor  shall  any  sectarian  or  denomina- 
tional doctrine  be  taught,  or  instruction  thereon 
be  permitted,  directly  or  indirectl}',  in  any  of  the 
common  schools  of  this  state. 

SECTARIAN  SCHOOLS.— An  act  providing  for 
the  commitment  of  minor  criminals  to  nonsectat-ian 
charital)le  corporations,  the  expense  of  maintenance 
to  be  paid  by  the  county,  is  not  in  violation  of  this 
section,  since  it  only  applies  to  schools  such  as  are 
provided  for  by  the  constitution.  (Boys'  and  Girls' 
Aid  Soc.  V.  Reis,  71  Cal.  627,  12  Pac.  79G.) 

Sec.  9.  The  University  of  California  shall 
constitute  a  public  trust,  and  its  organization  and 
government  shall  be  perpetually  continued  in  the 
form  and  character  prescribed  by  the  organic  act 
creating  the  same,  passed  March  twenty-third, 
eighteen  hundred  and  sixty-eight  (and  the  sev- 
eral acts  amendatory  thereof),  subject  only  to 
such  legislative  control  as  may  be  necessary  to 
insure  compliance  with  the  terms  of  its  endow- 
ments, and  the  proper  investment  and  security  of 
its  funds.     It  shall  be  entirely  independent  of  all 


Art.  IX,  §  9         coxsTiTUTiox  of  1879.  200 

political  or  sectarian  influence,  and  kept  free 
therefrom  in  the  appointment  of  its  regents,  and 
in  the  administration  of  its  affairs;  provided,  that 
all  the  moneys  derived  from  the  sale  of  the  public 
lands  donated  to  this  state  by  act  of  Congress,  ap- 
proved July  second,  eighteen  hundred  and  sixty- 
two  (and  the  several  acts  amendatory  thereof), 
shall  be  invested  as  provided  by  said  acts  of  Con- 
gress, and  the  interest  of  said  moneys  shall  be  in- 
violably appropriated  to  the  endowment,  support, 
and  maintenance  of  at  least  one  college  of  agri- 
culture, where  the  leading  objects  shall  be  (with- 
out excluding  other  scientific  and  classical  studies, 
and  including  military  tactics)  to  teach  such 
branches  of  learning  as  are  related  to  scientific 
and  practical  agriculture  and  tlie  mechanic  arts, 
in  accordance  with  the  requirements  and  condi- 
tions of  said  acts  of  Congress;  and  tlie  legislature 
shall  provide  that  if,  through  neglect,  misappro- 
priation, or  any  other  contingency,  any  portion 
of  the  funds  so  set  apart  shall  be  diminished  or 
lost,  the  state  shall  replace  such  portion  so  lost 
or  misappropriated,  so  that  the  principal  thereof 
shall  remain  forever  undiminished.  No  person 
shall  be  debarred  admission  to  any  of  the  col- 
legiate departments  of  the  university  on  account 
of  sex. 

UNIVERSITY  OF  CALIFORNIA.-Tlie  Universi- 
ty of  C;ilil'(>nii:i  is  a  piililic  corporation.  (Estate  of 
lioyer,  12;i  Cal.  014,  .^)(i  Tiic.  4(11.) 

'I'iio  r('s:<'iiis  of  11h>  university  are  not  piiblif"  officers. 
(Lundy  v.    I>clnias,  lUl  Cal.  O-jo,  3S  Pnc  44.".) 


201  CONSTITUTION  OF  1879.        Art.  IX,  §  19 

After  the  affiliation  of  the  Hastings  College  of  the 
Law  with  the  University  of  CaUfornia,  the  legisla- 
ture had  no  power  to  change  the  form  of  the  govern- 
ment of  the  college.  (People  v.  Kewen,  69  Cal.  215, 
10  Pac.  393.) 

Sec.  10.  The  trusts  and  estates  created  for 
the  founding,  endowment,  and  maintenance  of 
the  Leland  Stanford  Junior  University,  under 
and  in  accordance  with  "An  act  to  advance  learn- 
ing, etc.,"  approved  March  ninth,  eighteen  hun- 
dred and  eighty-five,  by  the  endowment  grant 
executed  by  Leland  Stanford  and  Jane  Lathrop 
Stanford  on  the  eleventh  day  of  November,  A.  D. 
eighteen  hundred  and  eighty-five,  and  recorded 
in  liber  eighty-three  of  deeds,  at  page  twenty-three 
et  seq.,  records  of  Santa  Clara  county,  and  by 
the  amendments  of  such  grant,  and  by  gifts, 
grants,  bequests,  and  devises  supplementary  there- 
to, and  by  confirmatory  grants,  are  permitted,  ap- 
proved, and  confirmed.  The  board  of  trustees 
of  the  Leland  Stanford  Junior  University,  as 
such,  or  in  the  name  of  the  institution,  or  by 
other  intelligible  designation  of  the  trustees  or  of 
the  institution  may  receive  property,  real  or  per- 
sonal, and  wherever  situated,  by  gift,  grant,  de- 
vise, or  bequest,  for  the  benefit  of  the  institution, 
or  of  any  department  thereof,  and  such  property, 
unless  otherwise  provided,  shall  be  held  by  the 
trustees  of  the  Leland  Stanford  Junior  University 
upon  the  trusts  provided  for  in  the  grant  found- 
ing the  university,  and  amendments  thereof,  and 


Art.  IX,  §  11       CONSTITUTION  OF  1879.  202 

grants,  bequests,  and  devises  supplementary  there- 
to. The  legislature,  by  special  act,  may  grant  to 
the  trustees  of  the  Leland  Stanford  Junior  Uni- 
versity corporate  powers  and  privileges,  but  it 
shall  not  thereby  alter  their  tenure,  or  limit 
their  powers  or  obligations  as  trustees.  All  prop- 
erty now  or  hereafter  held  in  trust  for  the  found- 
ing, maintenance,  or  benefit  of  the  Leland  Stan- 
ford Junior  University,  or  of  any  department 
thereof,  may  be  exempted  by  special  act  from  state 
taxation,  and  all  personal  property  so  held,  the 
Palo  Alto  farm  as  described  in  the  endo\Mnent 
grant  to  the  trustees  of  the  university,  and  all 
other  real  property  so  held  and  used  by  the  uni- 
versity for  educational  purposes  exclusively,  may 
be  similarly  exempted  from  county  and  municipal 
taxation;  provided,  that  residents  of  California 
shall  be  charged  no  fees  for  tuition  unless  such 
fees  be  authorized  by  act  of  the  legislature. 
[Amendment  adopted  November  6,  1900.] 

Sec.  11.  All  property  now  or  hereafter  be- 
longing to  "The  California  School  of  Mechanical 
Arts,"  an  institution  founded  and  endowed  by  the 
late  James  Lick  to  educate  males  and  females  in 
the  practical  arts  of  life,  and  incorporated  under 
the  laws  of  the  state  of  California,  November 
twenty-third,  eighteen  hundred  and  eighty-five, 
having  its  school  buildings  located  in  the  city 
and  county  of  San  Francisco,  shall  be  exempt 
from  taxation.     The  trustees  of  said  institution 


203  CONSTITUTION  OF  1S70.       Art.  IX,  §  11 

must  annually  report  tlieir  proceedings  and  finan- 
cial accounts  to  the  governor.  The  legislature 
may  modify,  suspend,  and  revive  at  will  the  ex- 
emption from  taxation  herein  given.  [Amend- 
ment adopted  November  6,  1900.] 


Art.  X,  §  1  CONSTITUTION  OF  1879.  204 


ARTICLE  X. 

STATE    INSTITUTIONS    AND    PUBLIC    BUILD- 
INGS. 

§  1.  State  prison  directors,  appointment  and  term 

of  office. 

§  2.  Authority  and  duties  of. 

§  3.  Power  of  appointment  of  employees. 

§  4.  Allowance  for  expenses. 

§  5.  Powers  and  duties  to  be  regulated  by  law. 

§  6.  Convict  labor  to  be  regulated. 

Section  1.  There  shall  be  a  state  board  of 
prison  directors,  to  consist  of  five  persons,  to  be 
appointed  by  the  governor,  with  the  advice  and 
consent  of  the  senate,  who  shall  hold  office  for 
ten  years,  except  that  the  first  appointed  shall,  in 
such  manner  as  the  legislature  may  direct,  be  so 
classified  that  the  term  of  one  person  so  appointed 
shall  expire  at  the  end  of  eacli  two  3'cars  during 
the  first  ten  years,  and  vacancies  occurring  shall 
be  filled  in  like  manner.  The  appointee  to  a  va- 
canc}^  occurring  before  the  expiration  of  a  term, 
shall  hold  office  only  for  the  unexpired  term  of 
his  predecessor.  The  governor  shall  have  the 
power  to  remove  cither  oC  the  directors  for  mis- 


203  CONSTITUTION  OF  1870.       Art.  X,  §S  2-i 

conduct,  incompetency,  or  neglect  of  dntj,  after 
an  opportunity  to  be  heard  upon  written  charges. 

PRISON  DIRECTORS.— Under  this  section  the 
governor  has  authority  to  make  an  investigation  in- 
to the  conduct  of  the  state  board  of  prison  directors 
with  a  view  of  removing  them  from  offlce.  (Chap- 
man V.  Stoueman,  63  Cal.  490.) 

Sec.  2.  The  board  of  directors  shall  have  the 
charge  and  superintendence  of  the  state  prisons, 
and  shall  possess  such  powers,  and  perform  such 
duties,  in  respect  to  other  penal  and  reformatory 
institutions  of  the  state,  as  the  legislature  may 
prescribe. 

Sec.  3.  The  board  shall  appoint  th3  warden 
and  clerk,  and  determine  the  other  necessary  offi- 
cers of  the  prisons.  The  board  shall  have  power 
to  remove  the  wardens  and  clerks  for  misconduct, 
incompetency,  or  neglect  of  duty.  All  other  offi- 
cers and  employees  of  the  prisons  shall  be  ap- 
pointed by  the  warden  thereof,  and  be  removed 
at  his  pleasure. 

Sec.  4.  The  members  of  the  board  shall  receive 
no  compensation  other  than  reasonable  traveling 
and  other  expenses  incurred  while  engaged  in  the 
performance  of  official  duties,  to  be  audited  as  the 
legislature  may  direct. 

COMPENSATION.— An  act  allowing  the  state 
prison  directors  mileage  and  "one  hundred  dollars  for 
other  expenses"  is  in  contlict  with  this  section,  since 
the  legislature  is  not  authorized  to  audit  the  ex- 
penses, but  is  directed  to  provide  how  and  before 
Constitution— 18 


Art.  X,  §§  5,  6    CONSTITUTION  OF  1879.  206 

what  tribunal  or  board  the  expenses  shall  be  audited. 
(People  V.  Chapman,  Gl  Cal.  2U2.) 

Sec.  5.  The  legislature  shall  pass  such  laws 
as  may  be  necessary  to  further  define  and  regulate 
the  powers  and  duties  of  the  board,  wardens,  and 
clerks,  and  to  carry  into  effect  the  provisions  of 
this  article. 

Sec.  6.  After  the  first  day  of  January,  eighteen 
hundred  and  eighty-two,  the  labor  of  convicts 
shall  not  be  let  out  by  contract  to  any  person, 
copartnership,  company,  or  corporation,  and  the 
legislature  shall,  by  law,  provide  for  the  working 
of  convicts  for  the  benefit  of  the  state. 


207  CONSTITUTION  OF  1879.  Art.  XI 


ARTICLE  XI. 

CITIES,  COUNTIES,  AND  TOWNS. 

§     1.     Counties  as  subdivisions  of  the  state. 

§    2.    Eemoval  of  county  seats. 

§     3.     New  counties,  establishment  of. 

§  4.  County  governments  to  be  uniform,  under  gen- 
eral laws. 

§  5.  Boards  of  supervisors,  election  and  appoint- 
ment of. 

§  G.  Municipal  corporations  to  be  controlled  by  gen- 
eral laws. 

§  7.  City  and  county  governments  may  be  consoli- 
dated. 

§     8.     City  charters,  how  framed  and  ratified. 

§     81/2.  City  and  county  charters,  to  contain  what. 

§    9.     Compensation  of  officers. 

§  10.     State  taxes,  no  release  or  discharge  from. 

§  11.  Local  police,  sanitai-y,  and  other  regulations 
may  be  enforced. 

§  12.    Assessment  and  collection  of  taxes. 

§  13.  Powers  not  to  be  delegated  to  special  commis- 
sion, etc. 

§  14.     Inspection  officers,  appointment  of. 

§  15.  Private  property  not  liable  for  corporate  debt 
of  municipality. 

§  16.    Moneys,  etc.,  to  be  deposited  with  treasurer. 

§  17.    Making  profit  out  of  public  funds  a  felony. 

§  18.    Restriction  on  power  to  incur  Indebtedness. 

§  19.     Street  improvements. 


Art.  XI,  §§  1-3    CONSTITUTION  OF  1879.  208 

Section  1.  The  several  counties,  as  they  now 
exist,  are  hereby  recognized  as  legal  subdivisions 
of  this  state. 

COUNTIES.— The  people  of  a  county  are  not  a  cor- 
poration, nor  can  they  sue  or  be  sued,  but  the  county 
itself  is  a  corporation  and  the  proper  party  plaintiff. 
(People  V.  Myers,  15  Cal.  33.) 

To  constitute  a  county  something  more  is  required 
than  a  law  definins:  its  boundaries.  A  local  govern- 
ment must  be  provided.  (People  v.  McGuire,  32  Cal. 
140.) 

A  county  is  a  part  of  the  state  government,  and 
cannot  be  sued  without  the  consent  of  the  state. 
(Sharp  V.  Contra  Costa  County,  34  Cal.  284.) 

The  consolidated  city  and  county  of  San  Francisco 
is  included  in  the  designation  "count v."  (Kahn  v. 
Sutro,  114  Cal.  31G,  46  Pac.  87.) 

At  common  law  an  action  did  not  lie  against  a 
countj^  and  this  was  the  law  of  this  state  until  the 
legislature  gave  that  right  in  1854.  (Oilman  v.  Con- 
tra Costa  County,  8  Cal.  52.) 

The  board  of  supervisors  of  a  county  is  not  the 
proper  party  defendant  in  an  action  upon  a  claim 
against  the  county.  (Hastings  v.  San  Francisco,  18 
Cal.  49.) 

Sec.  2.  No  county  sent  sliall  ho  removed  un- 
less two-thirds  qI;  the  qualified  electors  of  the 
county,  voting  on  the  ])roposition  at  a  general 
election,  sluill  vote  in  favor  of  such  removal.  A 
proposition  of  removal  sliall  not  ho  sul)mittod  in 
tlio  same  county  more  than  once  in  four  years. 

COUNTY  SEATS.— The  legislature  may  delegate 
the  jiower  to  tlie  voters  of  a  county  to  select  a  coun- 
ty seat.     (Upham  v.   Supervisors,  8  Cal.  378.) 

Reo.  3.  Tlic  legislature,  by  general  and  uni- 
fonii  laws,  may  ])rovidc  for  tlic  fonnalion  of  new 


209  CONSTITUTION  OF  1879.         Art.  XI,  §  3 

counties;  provided,  however,  that  no  new  county 
shall  be  established  which  shall  reduce  any  county 
to  a  population  of  less  than  eight  thousand;  nor 
shall  a  new  county  be  formed  containing  a  less 
population  than  five  thousand;  nor  shall  any  line 
thereof  pass  within  five  miles  of  the  county  seat 
of  any  county  proposed  to  bo  divided.  Every 
county  which  shall  be  enlarged  or  created  from 
territory  taken  from  any  other  county  or  counties, 
shall  be  liable  for  a  just  proportion  of  the  exist- 
ing debts  and  liabilities  of  the  county  or  counties 
from  which  such  territory  shall  be  taken.  [Amend- 
ment adopted  ]S[ovember  6,  1894.] 

[ORIGINAL  SECTION.] 
Sec.  3.  No  new  county  shall  be  established  which 
shall  reduce  any  county  to  a  population  of  less  than 
eight  thousand;  nor  shall  a  new  county  be  formed 
containing:  a  less  population  than  five  thousand;  nor 
shall  any  line  thereof  pass  within  five  miles  of  the 
county  seat  of  any  county  proposed  to  be  divided. 
Every  county  which  shall  be  enlarced  or  created 
from  territory  talien  from  any  other  county  or  coun- 
ties, shall  be  liable  for  a  just  proportion  of  the  exist- 
ing debts  and  liabilities  of  the  county  or  counties 
from  which  such  territory  shall  be  taken. 

NEW  COUNTIES.— The  legislature,  except  as  re- 
strained by  constitutional  limitations,  may  change 
the  boundaries  of  counties,  consolidate  two  or  more 
into  one,  or  divide  and  create  new  counties  out  of 
the  territory  of  one  or  more  existing  ones;  and  may 
make  any  provision  it  sees  fit  as  to  a  division  of  the 
property  and  debts  of  such  counties.  (Los  Angeles 
Co.  V.  Orange  Co.,  97  Cal.  329,  32  Pac.  316.) 

A  newly  created  county  does  not  become  a  county 


Art.  XI,  §  3         coxsTiTUTiON  OF  1879.  210 

until  its  organization  is  perfected  by  tlie  election  of 
its  officers.     (People  v.  McGuire.  32  Cal.  140.) 

The  lejrislatnre  cannot,  in  organizing  a  new  county, 
change  the  term  of  the  judges  as  fixed  by  the  con- 
stitution.    (Teople   T.    Templeton,   12   Cal.   394.) 

The  last  clause  of  this  section  relates  only  to  the 
indebtedness  of  the  county,  and  does  not  require  any 
division  of  the  assets  of  the  old  county.  (Los  Ange- 
les Co.  V.  Orange  Co..  97  Cal.  329,  32  Pac.  31G.) 

The  legislature  may  fix  the  time  at  which  to  prop- 
erly determine  what  would  be  a  "just  proportion" 
of  the  debts  and  liabilities  to  be  assumed  by  the  new 
county.  (Los  Angeles  Co.  v.  Orange  Co.,  97  Cal.  329, 
32  Pac.  316.) 

In  creating  a  new  county,  it  is  for  the  legislature 
to  determine  how  the  debts  and  property  of  the  coun- 
ty shall  be  divided  and  apportioned,  and  if  the  com- 
missioners fail  by  mistalie  to  divide  a  claim  exist- 
ing in  favor  of  a  county  against  the  state,  the  rem- 
edy for  such  failure  is  legislative  and  not  judicial, 
and  tlie  courts  have  no  jurisdiction  of  an  action  by 
tlie  new  county  to  recover  its  proportion  of  such 
claim  when  paid  by  the  state  to  the  county  from 
wliich  the  new  county  was  formed.  (Orange  Co.  v. 
Los  Angeles  Co.,  114  Cal.  390.  4(1  Pac.  173.) 

The  courts  have  no  power  to  determine  what  is  a 
"just  proportion"  under  this  section.  (Tulare  Co.  v. 
Kings  Co.,  117  Cal.  390,  49  Pac.  173.) 

Upon  the  division  of  a  county,  if  no  provision  Is 
made  by  law  for  any  change  in  the  custody  of  the 
swamp  land  fund,  no  action  will  lie  on  belialf  of  the 
new  county  to  recover  a  share  of  such  fund,  but  the 
legislature  is  the  appropriate  and  only  source  of  re- 
lief. (Kings  Co.  V.  Tulare  Co.,  119  Cal.  509,  51  Pac. 
800.) 

Where  no  provision  is  made  as  to  the  property  and 
assets,  the  old  county  will  be  entitled  to  retain  all 
pultlic  property  and  assets,  except  such  l)uildings  and 
strucLures  as  lie  within  the  limits  of  tlie  new,  and 
will  be  liable  for  its  prior  ol)ligations.  (Colusa  Co. 
V.  (Jlenn  Co.,  124  Cal,  498,  57  I'ae.  477.) 

When  a  new  county  is  organized  out  of  a  part  of 
the  territory  before  constituting  anotlier  county,  the 
claim  of  the  old   against  the  new   county  for  pay- 


211  coxsTiTUTiox  OF  1879.         Art.  XI,  §  4 

meiit  of  the  new  county's  proportion  of  the  debts  of 
the  old  county  is  of  an  equit.Tble  nature  only,  and 
requires  legislation  to  enable  the  old  county  to  en- 
force it.     (Reals  v.   Supervisors,  28  Cal.   449.) 

The  legislature  may  require  a  new  county  to  pay 
Interest  upon  a  debt  "due  to  the  old.  (Beals  v.  Ama- 
dor Co.,  35  Cal.  624.) 

If  an  equitable  claim  exists  in  favor  of  one  county 
against  another  arising  out  of  the  erection  of  a  new 
county  out  of  territory  taken  in  part  from  one  coun- 
ty, the  legislature  may  compel  the  board  of  super- 
visors of  the  county  indebted  to  levy  a  special  tax 
to  pay  the  same.  (People  v.  Alameda  Co.,  2G  Cal. 
tJ41.) 

Upon  the  division  of  a  county,  with  an  agreed 
basis  of  apportionment  of  assets,  which  did  not  in- 
clude prior  unpaid  railroad  taxes,  the  validity  of 
which  were  disputed,  and  which  were  subsequently 
reassessed  to  each  of  the  counties  upon  the  basis  of 
their  respective  railroad  mileage,  the  original  county 
may  recover  from  the  new  county  at  least  the  dif- 
ference between  the  amount  received  by  the  old  coun- 
ty and  the  amount  it  would  have  received  upon  the 
agreed  basis  of  apportionment.  (San  Diego  Co.  v. 
Eiverside  Co.,  125  Cal.  495,  58  Pac.  81.) 

Sec.  4.  The  legislature  shall  establish  a  sys- 
tem of  county  governments  which  shall  be  uni- 
form throughout  the  state;  and  by  general  laws 
shall  provide  for  township  organization,  under 
which  any  county  may  organize  whenever  a  ma- 
jority of  the  qualified  electors  of  such  county, 
voting  at  a  general  election,  shall  so  determine; 
and,  whenever  a  county  shall  adopt  township  or- 
ganization, the  assessment  and  collection  of  the 
revenue  shall  be  made,  and  the  business  of  such 
county  and  the  local  affairs  of  the  several  town- 
ships therein  shall  be  managed  and  transacted  in 
the  manner  prescribed  by  such  general  laws. 


Art.  XI,  §  4         CONSTITUTION  OF  1879.  212 

COUNTY  GOVERNMENT.— The  "system"  or  plan 
for  the  government  of  the  several  counties  must  be 
uniform  so  that  its  several  parts  shall  be  applicable 
to  each  county.  (Welsh  v.  Bramlet.  98  Cal.  219,  33 
Pac.  66.) 

This  section  does  not  deprive  the  legislature  of  the 
power  to  pass  an  act  requiring  boards  of  supervisors 
of  certain  named  counties  to  issue  and  sell  county 
bonds  for  the  improvement  of  roads.  (People  v.  Su- 
pervisors. 50  Cal.  501. j 

A  provision  of  a  County  Government  Act  that  in 
counties  of  a  certain  class  county  licenses  collected 
in  cities  shall  be  paid  into  the  treasuries  of  such 
cities  for  street  improvements  is  in  volation  of  this 
section.  (San  Luis  Obispo  v.  Graves,  81  Cal.  71,  2?. 
Pac.  1032.) 

A  provision  of  the  County  Government  Act  that  in 
all  counties  of  one  particular  class  certain  additional 
fees  shall  be  collected  for  tiling  the  inventory  in  es- 
tates of  deceased  persons  is  violative  of  this  section. 
(Bloss  V.  Lewis,  109  Cal.  493,  41  Pac.  lOSl.) 

The  provisions  of  the  County  Government  Act  of 
1893  empowering  certain  of  the  county  ofticers  in 
counties  of  one  particular  class  to  aiipoint  a  cer- 
tain number  of  deputies,  whose  salaries  are  fixed  by 
the  act  and  made  pa:  able  out  of  the  county  treas- 
ury, is  valid,  altiiough  in  otiier  counties  the  princi- 
pals must  i)ay  tlie  salaries  of  their  de])uties.  (Tu- 
lare Co.  v.  May,  118  Cal.  303.  50  Pac.  427;  Freeman 
V.  Barnum  131  Oal.  380.  Wrlsh  v.  Bramlet,  98  Cal. 
219.  33  Pac.  (JO;  Walser  v.  Austin,  104  Cal.  128,  37 
Pac.  809.  overruled.) 

TOWNSHIP  GOVERNMENT.-  The  provision  of 
this  section  as  to  luwii  governments  is  not  self-exe- 
cuting, and  the  b'gislature  cannot  confer  uiwn  the 
inhabitants  of  a  certain  territory,  who  have  no  town 
organization,  the  power  to  make  laws.  (Ex  p.irle 
Wall,  48  Cal.  279.) 

The  townshij)  government  established  by  the 
Cbunty  Government  Act  is  not  the  (ownsliip  govern- 
ment mentioned  in  this  section.  (Loiigan  v.  Solano 
Co.,  65  Cal.  122,  3  I'ac  463;  Ex  parte  Wall,  48  Cal. 
279.) 


213  CONSTITUTION  OF  1879.         Art.  XI,  §  5 

The  legislature  never  lias  established  towns  with- 
in the  meaning  of  the  constitution.  (Ex  parte  Wall. 
48  Oal.  279.) 

Sec.  5.  The  legislature,  by  general  and  nni- 
form  laws,  shall  provide  for  the.  election  or  ap- 
pointment, in  the  several  counties,  of  boards  of 
supervisors,  sheriffs,  county  clerks,  district  attor- 
neys, and  such  other  county,  township,  and  mu- 
nicipal officers  as  public  convenience  may  require, 
and  shall  prescribe  their  duties,  and  fix  their 
terms  of  office.  It  shall  regiilate  the  compensa- 
tion of  all  such  officers,  in  proportion  to  duties, 
and  for  this  purpose  may  classify  the  counties 
by  population;  and  it  shall  provide  for  the  strict 
accountability  of  county  and  township  officers  for 
all  fees  which  may  be  collected  by  them,  and  for 
all  public  and  municipal  moneys  which  may  be 
paid  to  them,  or  officially  come  into  their  posses- 
sion. 

COUNTY  OFFICEIIS.— Under  the  former  constitu- 
tion it  was  held  that  the  provision  requiring  a  uni- 
form system  of  county  government  was  merely  di- 
rectory.    (People  v.  Lake  Co.,  33  Cal.  487.) 

But  the  provision  of  the  present  constitution  Is 
mandatory,  gives  to  the  legislature  exclusive  author- 
ity to  provide  for  the  officers  in  the  several  counties, 
and  to  lix  their  terms  and  duties,  provides  that  this 
must  be  done  "by  general  and  uniform  laws,"  and 
that  such  laws  must  be  uniformly  applicable  to  all 
the  counties  of  the  state.  (Welsh  v.  Bramlet,  98  Gal. 
219.  33  Pac.  66.) 

A  statute  providing  for  a  sy.stem  of  coimty  govern- 
ment, which  in  its  terms  is  limited  to  a  portion  of 
the  state,  is  in  violation  of  this  section.  (Hale  v. 
McGettigan,  114  0:il.  112,  45  Pac.  1049.) 


Art.  XI,  §  5         CONSTITUTION  OF  1879.  214 

Election  of  officers. — It  seems  that  under  this  sec- 
tion the  legislature  has  power  to  provide  that  all 
county  officers  shall  be  appointed  instead  of  elected. 
(Barton  v.  Kalloch,  56  Cal.  95.) 

The  constitution  does  not  fix  the  term  of  these 
officers,  but  merely  directs  that  the  legislature  shall 
provide  for  their  election  by  the  people  and  shall 
fix  by  law  the  duties  and  compensation.  (People  v. 
Brown,  16  Cal.  441.) 

When  the  constitution  declares  an  office  to  be  elec- 
tive it  cannot  be  filled  in  any  other  mode,  but  when 
it  has  been  filled  by  election,  the  legislature  may  ex- 
tend the  term  of  the  incumbent.  (Christy  v.  Super- 
visors, 39  Cal.  3.) 

There  is  nothing  in  the  constitution  which  requires 
that  a  person  elected  district  attorney  shall  be  ad- 
mitted to  the  bar.     (People  v.  Dorsey,  32  Cal.  296.) 

The  sheriff  as  such  cannot  perform  the  duties  of 
tax  collector.     (Lathrop  v.  Brittain,  30  Cal.  680.) 

The  legislature  is  not  prohibited  from  creating 
more  than  one  revenue  district  in  a  county,  and  pro- 
viding for  the  election  of  assessor  and  tax  collector 
in  each  district.  (People  v.  Central  Pac.  R.  II.  Co., 
43  Cal.  398.) 

An  act  authorizing  the  district  attorney  of  a  coun- 
ty to  bring  suit  in  the  name  of  the  people  to  recover 
delinquent  taxes  does  not  interfere  with  the  consti- 
tutional duties  of  the  tax  collector.  (People  v.  Cen- 
tral Pac.  R.  R.  Co.,  43  Cal.  398.) 

The  term  "assessor"  does  not  necessarily  mean  an 
officer  whose  valuations  are  final.  (Savings  etc. 
Soc.  V.  Austin,  46  Cal.  415.) 

Compensation.— This  section  only  authorizes  one 
mode  of  fixing  the  compensation  of  officers,  and  that 
is  to  adjust  tlie  compensation  in  accordance  with 
their  respective  duties,  under  a  classification  of  coun- 
ties by  population  made  for  this  purpose.  (Knight 
V.  iSIartin.  128  Cal.  245,  60  Pac.  849;  Dwyer  v.  Parker, 
115  Cal.  544,  47  I'ac.  :;72.) 

The  sole  purpose  of  the  classification  provided  for 
by  this  section  is  of  regulating  the  compensation  of 
the  orticers  in  proi)orlion  to  their  duties.  A  classi- 
fication for  any  otlier  purpose  is  void.  (San  Luis 
Obispo  V.  Graves,  84  Oal.  71,  23  Pac.  1032:  San  r'rau- 


215  CONSTITUTION  OF  1879.         Art.  XI,  §  5 

Cisco  V.  Broderick,  125  Cal.  188,  57  Pac.  887;  Turner 
V.  Siskiyou  Co.,  109  Cal.  332,  42  Pac.  434.*) 

Au  act  creating  a  class  of  counties  and  designating 
it  by  population  arbitrarily,  and  without  reference  to 
the  classification  contained  in  the  general  law,  is  in 
violation  of  this  section.  (San  Francisco  v.  Broder- 
ick, 125  Cal.  188,  57  Pac.  887.) 

A  pi-ovision  of  the  fee  bill  allowing  justices  of  the 
peace  a  certain  portion  of  the  fees  collected  by  them 
as  their  compensation,  irrespective  of  the  classifica- 
tion contained  in  the  County  Government  Act,  is  in- 
valid. (Dwyer  v.  Parker,  115  Cal.  544,  47  Pac.  372; 
Reid  V.  Groezinger,  115  Cal.  551,  47  Pac.  374.) 

The  act  of  1893  providing  a  special  method  of  col- 
lecting fees  in  cities  and  counties  of  over  one  hun- 
dred thousand  inhal)itants  is  in  violation  of  this 
provision.  (Rauer  v.  Williams,  118  Cal,  401,  50  Pac. 
691.) 

The  legislature  is  not  directed  to  regulate  the 
compensation  in  accordance  with  the  classification  of 
the  counties  by  population,  but  in  proportion  to  du- 
ties, and  as  a  means  of  doing  that  it  is  authorized  to 
classify  the  counties  according  to  population.  (Lon- 
gan  V.  Solano  Co.,  G5  Cal.  122,  3  Pac.  463;  Welsh  v. 
Bramlet,  98  Cal.  219,  33  Pac.  60.) 

What  compensation  of  an  officer  should  be  deemed 
"in  proportion  to  his  duties"  is  a  matter  of  fact  to 
be  ascertained  and  determined  by  the  legislature,  and 
not  by  the  courts.  (Green  v.  Fresno  Co.,  95  Cal;  329, 
30  Pac.  544.) 

This  section  does  not  prevent  the  legislature  from 
allowing  county  otticers  the  fees  collected  in  lieu  of 
salaries.  (San  Luis  Obispo  v.  Drake,  76  Cal.  92,  18 
Pac.  118;  Green  v.  Fresno  Co.,  95  Cal.  329.  30  Pac. 
544.     But  see  Kern  Co.  v.  Fay,  131  Cal.  547.) 

The  legislature  may  provide  that  some  county  of- 
ficers may  receive  fees  or  per  diem,  and  that  others 
shall  receive  regular  salaries.  (Yail  v.  San  Diego  Co., 
126  Cal.  35,  58  Pac.  392.) 


*In  considering  the  subject  of  classification,  it 
must  be  remembered  that,  while  counties  can  only 
be  classified  for  the  purpose  above  mentioned,  cities 
and  towns  may  be  classified  according  to  population 
for  any  purpose.     (See  note  to  next  section.) 


Art.  XI,  §  5       CONSTITUTION'  OF  1879.  21G 

The  legislature  cannot  change  the  measure  of  com- 
pensation of  officers  fixed  by  the  County  Government 
Act  otherwise  than  by  an  amendment  of  it,  preserving 
the  standard  fixed  by  the  constitution  of  the  classi- 
fication of  counties  by  population  for  the  purpose  of 
fixing  the  compensation  of  officers.  (Kiernan  v. 
Swan,  131  Cal.  410.) 

A  law  fixing  the  compensation  of  officers  in  all 
counties  of  a  certain  class  is  valid.  (Summerland  v.- 
Biclvuell,  111  Cal.  567,  44  Pac.  232.) 

The  duty  of  regulating  the  compensation  of  all 
county  officers  in  proportion  to  duties  cannot  be  dele- 
gated to  boards  of  supervisors.  (Doughertv  v.  Aus- 
tin, 94  Cal.  601,  28  Pac.  834.  29  Pac.  1092;  People  v. 
Johnson.  95  Cal.  471,  31  Pac.  611.) 

Classification. — There  is  no  limit  to  the  number  of 
classes  of  counties  that  the  legislature  may  make. 
(Longan  v.  Solano,  65  Cal.  122,  3  Pac.  463.) 

The  provision  of  the  County  Government  Act  that, 
when  the  population  of  an  existing  county  shall  be 
reduced  by  reason  of  the  creation  of  a  new  county 
from  the  territory  thereof,  below  the  class  first  as- 
sumed under  that  act,  it  should  be  the  duty  of  the 
supervisors  of  such  county  to  designate  the  class  to 
which  such  county  has  been  reduced,  is  not  in  con- 
flict with  this  section.  (Kumbler  v.  Supervisors,  103 
Cal.  393.  37  Pac.  383.) 

The  courts  will  take  .iudicial  notice  of  the  popu- 
lation of  cities  and  towns  as  shown  by  the  United 
States  census  returns.  (People  v.  Wong  Wang,  92 
Cal.  277,  28  Pac.  27;  People  v.  Williams,  64  Cal.  87, 
27  Pac.  939;  Welsh  v.  Bramlet,  98  Cal.  219,  33  Pac. 
66.) 

A  county  of  a  particular  class  is  not  ipso  facto  made 
a  county  of  anotlier  class  merely  by  the  effect  of  a 
new  census,  but  it  remains  in  its  original  class  until 
reorganized  by  the  board  of  supervisors.  (Hull  v. 
Superior  Court,  63  Cal.  174,  per  ;\lcKinsfry,  J.) 

As  to  when  a  city  of  one  class  passes  from  one  class 
to  another,  see  Ex  parte  llalstead,  89  Cal.  471,  26 
Pac.  961. 

The  legislature  hns  no  power  to  arbitrarily  place 
any  particular  county  in  any  particular  class.  But 
where  the  legislature  declares  that  a  particular  newly 


217  CONSTITUTION  OF  1879.         Art.  XI,  §  5 

formed  county  shtiU  belong  to  a  particular  class,  it 
will  be  assumed  that  the  legislature  thereby  deter- 
mined the  population  of  such  county.  (Sanders  v.  Se- 
horn,  98  Cal.  227,  33  Pac.  58;  People  v.  McFadden,  81 
Cal.  489,  22  Pac.  851.) 

Particular  acts.— A  provision  of  the  County  Govern- 
ment Act,  conferring  power  upon  the  supervisors  to 
authorize  the  district  attorney  of  any  county  to  ap- 
point an  assistant  who  shall  receive  a  compensation 
tixed  bv  the  act,  is  void.  (Knight  v.  Martin,  128  Cal. 
245,  UO  I'ac.  849.) 

The  provision  of  the  Coimty  Government  Act  of 
1893,  empowering  certain  officers  of  counties  of  one 
class  to  appoint  a  certain  number  of  deputies,  whose 
salaries  are  fixed  by  the  act,  and  made  payable  out 
of  the  county  treasury,  is  valid,  although  in  other 
counties  the  principals  must  pay  the  salaries  of  their 
deputies.  (Tulare  County  v.  May,  118  Cal.  303,  50 
Pac.  427.  Welsh  v.  Eramlet,  98  Cal.  219.  33  Pac.  66; 
Walser  v.  Austin,  104  Cal.  128,  37  Pac.  809,  overruled.) 

A  provision  of  the  County  Government  Act  provid- 
ing for  biennial  election  of  county  officers  in  counties 
of  one  particular  class  is  void.  (Hale  v.  McGettigan, 
114  Cal.  112,  45  Pac.  1049.) 

This  section  does  not  authorize  the  Primary  Elec- 
tion Law  of  1895,  which  is  expressly  confined  in  its 
operation  to  counties  of  the  first  and  second  class. 
(Marsh  v.  Supervisors,  111  Cal.  368,  43  Pac.  975.) 

This  section  does  not  authorize  tlie  collection  in 
counties  of  one  particular  class  of  a  percentage  upon 
the  inventory  value  of  the  estate  for  filing  the  inven- 
tory.    (Bloss  V.  Lewis,  109  Cal.  493,  41  Pac.  1081.) 

Section  726  of  the  Code  of  Civil  Procedure,  confer- 
ring upon  the  court  authority  to  appoint  commission- 
ers to  sell  mortgaged  property,  does  not  violate  this 
provision.  (McDermot  v.  Barton,  106  Cal.  194,  39  Pac. 
538.) 

The  board  of  supervisors  of  a  county  have  no  power 
to  create  the  office  of  license  tax  collector  for  the  coun- 
ty. (El  Dorado  Co.  v.  Meiss,  100  Cal.  268,  34  Pac. 
716;  Los  Angeles  Co.  v.  Lopez,  104  Cal.  257,  38  Pac. 
42.  People  v.  Ferguson,  65  Cal.  288,  4  Pac.  4,  over- 
ruled.) 

Constitution— 19 


Art.  XI,  §  6         CONSTITUTION  OF  1879.  218 

There  is  notliing  in  the  constitution  prohibiting'  the 
legislature  from  conferring  upon  the  boards  of  super- 
visors of  one  county  the  power  to  lay  out,  open,  and 
maintain  a  road  in  another  county.  (.People  v.  Lake 
Co..   33  Cal.  487.) 

The  provision  of  the  County  Government  Act  requir- 
ing assessors  in  counties  of  one  particular  class  to  pay 
all  percentages  for  the  collection  of  poll  taxes  into  the 
county  treasury  is  valid.  (Summerland  v.  Bicknell, 
111  Cal.  5G7,  41  Pac.  232.) 

Sec.  6.  Corporations  for  municipal  purposes 
shall  not  be  created  by  special  laws;  but  the 
legislature,  by  general  laws,  shall  provide  for  the 
incorporation,  organization,  and  classification,  in 
proportion  to  population,  of  cities  and  towns,  which 
laws  may  be  altered,  amended,  or  repealed.  Cities 
and  towns  heretofore  organized  or  incorporated 
may  become  organized  under  such  general  laws 
whenever  a  majority  of  the  electors  voting  at  a 
general  election  shall  so  determine,  and  shall  or- 
ganize in  conformity  therewith;  and  cities  and 
towns  heretofore  or  hereafter  organized,  and  all 
charters  thereof  framed  or  adopted  by  authority 
of  this  constitution,  except  in  municipal  affairs, 
shall  be  subject  to  and  controlled  by  general  laws. 
[The  words  "except  in  municipal  affairs"  inserted 
by  amendment  adopted  November  3,  1896.] 

MUNICIPAL  CORPORATIONS.— The  constitution 
does  not,  e.x  pro])rio  vigore,  create  or  estaltlish  any 
local,  county,  or  municipal  governments.  (I'eople  v. 
I'rovines,  34  Cal.  520.) 

Noltlior  does  it  abolish  the  municipalities  of  the 
state.     (In  re  Guerrero.  (;0  Cal.  88,   l(t  Pac.  2G1.) 

T'nder  the  constitution  of  1849  the  legislature  had 
power  to  create  a  municipal  corporation  l)y  a  spe- 
cial law.     (People  v.  Levee  Dist.  No.  (.!,  131  Cal.  30.) 


219  CONSTITUTION  OF  1S79.         Art.  XI,  §  G 

A  county  is  not  a  corporation  for  municipal  pur- 
poses within  tlie  meaning  of  this  section.  (People 
V.  McFaddeu,  81  Cal.  489,  22  Pac.  851.) 

A  levee  district  is  not  a  municipal  corporation. 
(People  V.  Levee  Dist  No.  6,  131  Cal.  30.) 

An  irrigation  district  is  a  public  corporation.  (Peo- 
ple V.  Selma  Irr.  Dist.,  98  Cal.  206,  32  Pac.  1047.) 

Municipal  corporations  are  not  limited  to  cities  and 
towns;  but  the  legislature  may  by  general  laws 
classify  ahd  provide  for  as  many  species  of  munici- 
pal corporations  as,  in  its  judgment,  are  demanded 
by  the  welfare  of  the  state.  (In  re  Madera  Irr.  Dist., 
92  Cal.  296,  28  Pac.  272.) 

Consolidated  cities  and  counties  are  municipal  cor- 
porations within  the  meaning  of  this  section.  (Den- 
man  V.  Brodericlv,  111  Cal.  96,  43  Pac.  516.) 

A  reclamation  district  is  a  public  corjioration  for 
municipal  purposes,  and  under  the  old  constitution 
might  be  created  by  special  act.  (Swamp  Land  Dist. 
No.  150  V.  Silver,  98  Cal.  51,  32  Pac.  866.) 

The  term  "municipal''  is  limited  to  "governmen- 
tal," and  cannot  be  extended  to  commercial  pur- 
poses.    (Low  v.  Marysville,  5  Cal.  214.) 

Municipal  corporations  are  but  subordinate  subdi- 
visions of  the  state,  which  may  be  created,  altered, 
or  abolished  at  the  will  of  the  legislature,  which 
may  enlarge  or  restrict  their  powers,  direct  the  mode 
of  their  exercise,  and  define  what  acts  they  may 
or  may  not  perform,  suliject  to  the  limitation  that 
the  legislature  cannot  direct  the  performance  of  an 
act  which  will  impair  the  obligations  of  a  contract. 
(San  Francisco  v.  Canavan,  42  Cal.  541.) 

Classification.— Tlie  object  of  classifying  municipal 
corporations  according  to  population,  and  in  prevent- 
ing their  creation  by  special  laAvs,  was  to  avoid  the 
necessity  of  special  legislation.  (People  v.  Henshaw, 
76  Cal.  436,  18  Pac.  413.) 

This  section  does  not  limit  the  power  of  classifi- 
cation to  purposes  of  the  incorporation  and  organiza- 
tion of  municipalities,  but  empowers  the  legislature 
to  classify  for  the  purpose  of  supplying  the  general 
laws  required  by  the  varying  needs  of  the  municipal- 
ities so  classified.  (Rauer  v.  Williams,  118  Cal.  401, 
50  Pac.  691.) 


Alt.  XI.  §6         COX.STITUTIOX  OF  1S79.  220 

But  a  law  i)roviding  the  conditions  and  mode  of 
esercisiug:  the  power  of  eminent  domain  in  counties 
of  one  particular  class  is  not  authorized  hy  this  sec- 
tion.    (Pasadena  v.  Stimson.Ol  Cal.  238,  2T"Pac.  fi04.) 

Classification  must  be  founded  on  some  constitu- 
tional or  natural  distinction,  and  must  not  be  ar- 
bitrary.    (Darcy  v.  Mayor,  104  Cal.  G42,  38  Pac.  500.) 

The  classification  mentioned  in  this  section  is  one 
that  will  include  all  cities  and  towns.  (Desmond  v. 
Dunn    5j   Cal.  242.) 

The  "McClure  Charter"  was,  therefore,  held  imcon- 
stitutional,  because  it  excluded  from  its  operation 
all  municipal  corporations,  except  consolidated  city 
and  county  governments,  and  because  it  was  also 
limited  to  municipal  corporations  of  over  one  hundred 
thousand  inhabitants,  making  no  provision  for  those 
having  less  population.  (Desmond  v.  Dunn,  55  Gal. 
242.) 

An  act  classifying  all  municipal  corporations  in  the 
state  into  six  classes  according  to  population  is  a 
general  law.  (Pritchett  v.  Stanislaus  Co.,  73  CaL 
310,  14  Pac.  795.) 

An  act  directed  at  and  applicable  to  one  particu- 
lar named  municipal  corporation,  which  talvcs  away 
a  large  part  of  Its  territory,  is  special  and  local.  (Peo- 
ple T.  Common  Council,  85  Cal.  300.  24  Pac.  727.) 

An  act  applying  to  the  organization  of  one  particu- 
lar class  of  municipal  corporations  is  valid.  (Mint- 
zer  V.   Schilling.  117  Cal.  301,  40  Pac.  209.) 

While  the  legislature  cannot  pass  laws  touching 
the  organization  and  incorporation  of  municipalities 
excei)t  by  conforming  to  tlie  requireuKMits  of  the  class- 
ification act,  upon  otlior  niattei-s  it  may  pass  general 
and  uniform  laws  api)licable  either  to  municipal  cor- 
porations of  a  given  cl;iss  or  to  all  of  a  separate  class 
created  by  and  designated  in  tlie  act  itself,  provided 
some  plain  reason  appears  for  the  limitation  to  a 
class,  where  tlie  law  docs  not  apply  to  all  nuinieipali- 
ties  wilhiii  the  same  general  category,  (liauer  v.  Will- 
lams,  lis  Cal.  401,  50  Pac.  091.) 

The  act  of  1893,  providing  a  special  method  of  col- 
lecting fees  in  cities  and  count i(>s  of  over  one  hun- 
dred thousand  inhabitants,  although  in  accordance 
with   the  general   classification  of  cities,   is   not  an- 


221  cOiXSTiTUTioJ^  OF  1ST9.         Art.  XI,  §  G 

thoi-ized  by  this  section,  since  it  only  applies  to  one 
class  without  reason  why  it  should  not  apply  to  all. 
(Rauer  v.  Williams,  IIS  Cal.  401,  50  Pac.  691.) 

The  act  of  1S91  creating  police  courts  in  cities  hav- 
ing fifteen  thousand  and  under  eighteen  thousand  in- 
habitants, not  being  in  conformity  with  the  general 
classification  of  municipal  corporations,  is  void.  (Ex 
parte  Giambonini,  117  Cal.  573,  49  Pac.  732.) 

An  act  providing  for  boards  of  election  commis- 
sioners in  cities  and  counties  and  comities  having  one 
hundred  and  fifty  thousand  or  more  inhabitants  is 
void  as  an  attempt  to  create  a  class  of  municipal  cor- 
porations for  a  special  purpose,  without  reference  to 
the  existing  classification  by  general  law.  (Denman 
V.  Broderick,  111  Cal.  96,  43  Pac.  516.) 

The  legislature  cannot  by  a  special  act  create  a 
class  of  cities  by  population  of  between  ten  thou- 
sand and  twenty-five  thousand,  for  the  purpose  of 
increasing  the  salaries  of  policemen  in  a  particular 
city.     (Darcy  v.  Mayor,  104  Cal.  642,  38  Pac.  500.) 

As  to  when  a  city  of  one  class  passes  from  one 
class  to  another,  see  Ex  parte  Halsted,  89  Cal.  471, 
26  Pac.  961. 

Formation.— The  provision  requiring  that  a  "ma- 
jority of  the  electors  voting  at  a  general  election" 
must  determine  the  question  of  organization  imports 
that  a  majority  of  all  the  electors  voting  at  the  elec- 
tion is  necessary  to  carry  the  proposition,  and  not 
simply  a  majority  of  all  the  electors  who  vote  upon 
the  proposition.  (People  v.  Berkeley,  102  Cal.  298, 
36  Pac.  591.) 

In  the  absence  of  statutory  provisions  as  to  the 
ownership  of  property  belonging  to  a  school  district 
annexed  to  a  city,  real  estate  belongs  to  the  munici- 
pality within  which  it  is  located  as  the  result  of  the 
annexation.  (Vei'non  etc.  Dist.  v.  Board  of  Educa- 
tion, 125  Cal.  593,  58  Pac.  175.) 

An  act  providing  for  the  annexation  of  territory  to 
a  city  upon  petition  of  electors  of  the  municipality, 
to  the  exclusion  of  the  annexed  territory,  is  valid,  if 
the  residents  of  the  annexed  territory  are  fully  pro- 
tected by  requiring  a  majority  of  the  voters  thereof 
to  authorize  the  annexation.  (Vernon  etc.  Dist.  v. 
Board  of  Education,  125  Cal.  593,  58  Pac.  175.) 


Art.  XI,  §  G         CONSTITUTION  OF  1879.  222 

The  legislature  may  delegate  to  municipal  boards 
tbe  power  and  discretion  to  say  whether  a  railroad 
shall  be  laid  in  the  streets,  and  when  and  under  what 
conditions.  (Areata  v.  Areata  etc.  K.  R.  Co.,  92  Cai. 
639,  2S  rac.  (576.) 

Where  territory  is  excluded  from  a  municipal  cor- 
poration, the  legislature  may  adjust  the  burden  of  the 
corporate  debt.  (Johnson  v.  San  Diego,  109  Cal.  4G8, 
42  Pac.  249.) 

An  act  providing  for  the  refunding  of  the  indebt- 
edness of  municipal  corporations  other  than  cities  of 
the  first  class  is  autliorized  by  this  section.  (Los 
Angeles  v.  Teed,  112  Cal.  319,  44  Fac.  580.) 

Charters.— City  charters  are  subject  to  and  con- 
trolled by  general  laws.  (Kennedy  v.  Board  of  Edu- 
cation, 82  Cal.  483,  22  Pac.  1042;  People  v.  Ilenshaw, 
76  Cal.  436.  18  Pac.  413;  Ex  parte  Halsted,  89  Cal. 
471,  26  Pac.  961;  Davies  v.  Los  Angeles.  86  Cal.  37, 
24  Pac.  771;  Ex  parte  Ah  You,  82  Cal.  339,  22  Pac. 
929;  In  re  Carrillo,  66  Cal.  3.  4  Pac.   695.) 

Prior  to  the  amendment  of  1896,  the  only  excep 
tion  to  this  rule  was  that  such  charters  were  not  sub- 
ject to  general  laws  for  the  organization  and  incor- 
poration of  municipal  corporations,  such  as  the  Mu- 
nicipal Corporation  Act.  (People  v.  Baglev,  85  Cal. 
343,  24  Pac.  716.) 

This  provision  does  not  apply  where  tliere  is  no 
general  law  on  a  given  subject  to  which  the  charter 
relates.  (People  v.  Howard,  94  Cal.  73,  29  Pac.  485,) 
The  charters  of  consolidated  city  and  county  gov- 
ernments are  subject  to  tlie  control  of  general  laws. 
(People  v.  Babcock,  114  Cal.  5.59.  46  Pac,  818.) 

This  provision  is  not  to  be  construed  as  providing 
that  charter  provisions  shall  be  repealed  by  a  general 
law  upon  the  same  subject  matter,  but  only  that  the 
operation  of  the  inconsistent  charter  provision  shall 
be  suspended  during  the  paramount  ojx'ration  of  the 
general  law.  (Byrne  v.  Drain,  127  Cal,  U{'):\,  60  Pac. 
433.) 

Cities  and  towns  incorporated  previously  to  the 
new  constitution  are  subject  to  and  controlled  by 
general  laws  enacted  for  the  organization  of  such 
Kovernmenls,  but  the  charters  of  such  cities  and 
towns  remain  in  force  until  a  majority  of  the  electors 


223  CONSTITUTION  OF  1S79.         Art.  XI,  §  6 

determine  to  booome  organized  under  general  laws, 
or  to  frame  a  charter  for  their  own  government. 
(Desmond  v.  Dunn,  5.J  Cal.  242;  People  v.  Hammond, 
no  Cal.  0.14.  6  Pac.  741;  People  v.  Pond,  89  Cul.  141, 
2G  Pac.  G4S.) 

General  laws.— The  following  have  been  held  to  be 
general  laws  within  the  meaning  of  this  section,  and 
to  be  superior  to  city  charters:  The  Vrooman  Act, 
providing  for  street  work  in  municipahties  (Thom- 
ason  V.  Ruggles,  09  Cal.  4G.j,  11  Pac.  20;  Thomason 
V.  Ashworth,  73  Cal.  73,  14  Pac.  615;  Anderson  v. 
De  Urioste,  96  Cal.  404.  31  Pac.  266);  the  Hartson 
Act,  providing  for  the  election  of  county,  city  and 
county,  and  township  officers  in  the  even-numbered 
years  (Staude  v.  Election  Commrs.,  61  Cal.  313); 
the  provision  of  section  1001  of  the  Civil  Code,  pro- 
viding for  the  acquisition  of  private  property  through 
the  exercise  of  the  right  of  eminent  domain  (Santa 
Cruz  V.  Enright,  95  Cal.  105,  30  Pac.  197);  the  pro- 
visions of  the  Political  Code  as  to  elections  (Frag- 
ley  V.  Phelan,  126  Cal.  383,  58  Pac.  923);  subdivision 
6  of  section  3617  of  the  Political  Code  (Security 
Sav.  etc.  Co.  v.  Hinton,  97  Cal.  214,  32  Pac.  3);  the 
provision  of  the  Political  Code  that  all  money  per- 
taining to  the  public  school  fund  shall  be  paid  into 
the  county  treasury  (Kennedy  v.  Miller.  97  Cal.  429, 
32  Pac.  558);  the  act  of  1889,  providing  for  chang- 
ing the  boundaries  of  cities  (People  v.  Coronado,  100 
Cal.  571,  35  Pac.  162).  See,  also,  note  to  section  25, 
article  4. 

A  provision  of  a  city  charter  fixing  the  time  dur- 
ing wliich  the  polls  are  to  be  open  during  a  munic- 
ipal election  is  not  in  conflict  with  the  general  law, 
which  only  refers  to  state  and  county  elections.  (Peo- 
ple V.  Hill.  325  Cal.  16.  57  Pac.  669.) 

The  provision  of  the  charter  of  l/os  Angeles  requir- 
ing contracts  with  the  city  to  be  in  writing  is  not 
subject  to  the  provisions  of  the  general  law  as  to  the 
execution  of  contracts  in  general.  (Frick  v.  Los  An- 
geles. 115  Cal.  512,  47  Pac.  250.) 

Notwithstanding  the  general  law  has  defined  an 
obstruction  to  a  sidewalk  a  public  nuisance  and  pun- 
ishable as  such,  a,  city  may  make  it  a  misdemeanor 
to  fail  to  remove  an  obstruction  to  a  sidewalk,  since 


Art.  XI,  §  6         CONSTITUTION  OF  1879.  224 

the  municipality  mifrht  lejralize  a  partial  obstruetion 
of  a  street.    (Ex  parte  Taylor,  87  Cal.  91.  25  Pac.  258.) 

A  provision  of  a  city  cliarter  prescribing:  tlie  form 
of  the  complaint  in  all  actions  to  recover  city  taxes, 
there  being:  no  provision  of  the  general  law  on  the 
subject,  is  valid.  (Stockton  v.  Insurance  Co.,  73  Cal. 
621,  15  Pac.  314.) 

A  provision  of  a  city  charter  allowing:  an  n-'i'ss- 
ment  of  city  taxes  after  the  first  Monday  in  March 
was  not  superseded  by  section  8  of  article  13  of  the 
constitution,  since  that  section  only  has  reference  to 
prospective  assessments.  (Stockton  v.  Insurance  Co., 
73  Cal.   G21,   15  Pac.   314.) 

Municipal  affairs.— The  amendment  to  this  section 
in  1896  is  retroactive  and  applies  to  all  existing  chai-- 
ters,  and  has  the  effect  to  remove  the  paramount 
control  of  general  laws  in  respect  to  luunicipal  af- 
fairs, and  to  restore  the  operation  of  municipal  char- 
ters In  respect  to  such  affairs.  (Byrne  v.  Drain,  127 
Cal.  663.  60  Pac.  433.) 

But  that  amendment  did  not  revive  provisions  of 
charters  which  were  void  when  enacted.  (Bauaz  v. 
Smith,    21    Cal.    Dec.    735.) 

In  other  words,  if  the  charter  when  adopted  treated 
of  a  municipal  affair  which  was  afterward  pro- 
vided for  by  the  general  laws,  the  charter  provision 
was  revived  by  the  amendment  (Byrne  v.  Drain,  127 
Cal.  663,  60  Pac.  433);  but  if  at  the  time  of  the 
adoption  of  the  charter  a  i>rovision  thereof  was  in- 
consistent Willi  the  general  laws,  it  was  void  and  Avas 
not  revived  by  the  amendment.  (Banaz  v.  Smitli,  21 
Cal.  Dec.  735.) 

A  municipal  affair  Is  one  which  refers  to  the  in- 
ternal business  affairs  of  the  muTiicipalitv.  (Fratrlev 
V.  Phelan.  ]2(!  Cal.  383,  58  Pac.  92:5) 

The  election  of  a  board  of  frceliohlers  and  the 
adoption  of  a  cliarter  is  not  a  municipal  affair.  (Frag- 
ley  V.   Phelan,  326  Cal.  .383,  58  Pac.  923.) 

This  provision  does  not  prevent  the  annexation 
of  additional  territory  to  a  city  under  an  act  of  the 
legislature,  with  the  consent  of  tlie  municipality. 
(People  V.  Oakland.  123  Cal.  598,  5(5  Pac.  445.) 

Salaries  of  ollicers  of  tlie  jiolice  and  fire  dei)art- 
ment  of  a  cit.v  ar(>  mnnicipal  affairs.  (Popper  v. 
BToderlck,    12.3   Cal.    456,   56   Pac.   53.) 


225  CONSTITUTION  OF  1879.         Art.  XI,  §  7 

A  conntv  affair  is  not  a  "municipal  affair."  (Popper 
V.   Brodeiick,  123   Cal.  450.  4G1,  56  Pac.   53.) 

An  act  requiring  the  signature  of  tlie  mayor  to  tlie 
tax  levy  deals  with  a  municipal  affair.  (Morton  v. 
Broclericlc.  118  Cal.  474,  50  Pac.  644.) 

The  opening  of  streets  in  a  city  is  clearly  a  munic- 
ipal pin-pose.  (Sinton  v.  Ashbury,  41  Cal.  525;  Byrne 
V.   Drain,   127  Cal.  663.  60  Pac.  433.) 

The  charter  of  the  city  and  county  of  San  Francisco 
superseded  the  Park  and  Boulevard  Act,  as  that  act 
related  to  a  municipal  affair  and  was  inconsistent 
with  the  charter.  (Fritz  v,  San  Francisco.  132  Cal. 
373.) 

The  municipality  is  governed  by  general  laws  as  to 
municipal  affairs  as  to  which  the  charter  is  silent. 
(Fragley  v.  Phelan,  126  Cal.  383,  58  Pac.  923.) 

Sec.  7.  City  and  county  governments  may  be 
merged  and  consolidated  into  one  municipal  gov- 
ernment, with  one  set  of  officers,  and  may  be  in- 
oorporated  under  general  laws  providing  for  the 
incorporation  and  organization  of  corporations  for 
municipal  purposes.  The  provisions  of  this  con- 
stitution applicable  to  cities,  and  also  those  appli- 
cable to  counties,  so  far  as  not  inconsistent  or  pro- 
hibited to  cities,  shall  be  applicable  to  such  con- 
solidated government.  [Amendment  adopted  IsTo- 
vember  G,  1894.] 

[ORIGINAL  SECTION.] 
Sec.  7.  City  and  county  governments  may  be 
merged  and  consolidated  into  one  municipal  govern- 
ment, with  one  set  of  officers,  and  may  be  Incorpo- 
rated under  general  laws  providing  for  the  incorpora- 
tion and  organization  of  corporations  for  municipal 
purposes.  The  provisions  of  this  constitution  appli- 
cable to  cities,  and  also  those  applical)le  to  counties, 
so  far  as  not  Inconsistent  or  not  prohibited  to  cities. 


Art.  XI,  §  7         CONSTITUTION  OF  1S79.  22G 

shall  be  applicable  to  such  consolidated  government. 
In  consolidated  city  and  county  governments,  of  more 
than  one  hundi'ed  thousand  population,  there  shall  be 
two  boards  of  supervisors  or  houses  of  legislation — 
one  of  which,  to  consist  of  twelve  persons,  shall  be 
elected  by  general  ticket  from  the  city  and  county  at 
large,  and  shall  hold  ofiice  for  the  term  of  four  years, 
but  shall  be  so  classified  that  after  the  first  election 
only  six  shall  be  elected  every  two  years;  the  other, 
to  consist  of  twelve  persons,  shall  be  elected  every 
two  years,  and  sliall  hold  office  for  the  term  of  two 
years.  Any  vacancy  occurring  in  the  office  of  super- 
visor, in  either  board,  shall  be  filled  by  the  mayor  or 
other  chief  executive  officer 

CONSOLIDATED  GOVERNMENTS.— There  is  no 
constitutional  iuliibitiou  against  incorporating  a  por- 
tion of  the  inhabitants  of  a  county  as  a  city,  or  creat- 
ing a  countv  out  of  the  territory  of  a  city.  (People  v. 
Hill,  7  Cal."  97.) 

The  act  consolidating  the  city  and  county  of  Pan 
Francisco,  commonly  known  as  the  Consolidation  Act, 
Is  constitutional.     (People  v.  Hill,  7  Cal.  97.) 

The  act  to  incorporate  the  city  and  county  of  Sac- 
ramento did  not  repeal  tlie  law  by  which  the  county 
of  Sacramento  was  created.  The  city  and  county  con- 
stitute a  corporation  for  some  i)urpo.st's.  wliilc  tliey 
are  distinct  as  to  otliers.  (People  v.  Mullins,  10  Cal. 
20.) 

The  city  and  county  of  San  Francisco  is  the  suc- 
cessor of  the  city  of  San  Francisco,  which  was  not 
destroyed  by  the  consolidation,  but  cont?inued.  (Frank 
V.  Supervisors,  21  Cal.  (iCS.) 

Tlie  body  politic  known  as  the  city  and  county 
of  San  Francisco  is  a  municipal  corporation,  and  in 
matters  of  government  is  to  be  regarded  as  a  city. 
But  the  territory  over  wliicli  tliat  govenunent  is  ex- 
orcised, considered  in  its  political  and  judicial  rela- 
tions to  otlicr  portions  of  the  state,  is  a  comity.  (Kalin 
V.  Sutro,  114  Cal.  '.iH;,  U;  Pac.  S7;  Cr()Avl(>y  v.  Freud, 
1^2  Cal.  440.  liut  see  Martin  v.  Election  Comnirs.,  12(> 
Cal.   404,   58   Pac.   '.r^'2.) 


Article  XI,  Section  8. 

Sec.  8.  Any  city  containing  a  population  of 
more  than  three  thousand  five  hundred  in- 
habitants may  frame  a  charter  for  its  own  gov- 
ernment, consistent  with  and  subject  to  the 
constitution  and  laws  of  this  state,  by  causing 
a  board  of  fifteen  freeholders,  who  shall  have 
been  for  at  least  five  years  qualified  electors 
thereof,  to  be  elected  by  the  qualified  voters  of 
said  city  at  any  general  or  special  election,  whose 
duty  it  shall  be,  within  ninety  days  after  such 
election,  to  prepare  and  propose  a  charter  for 
such  city,  which  shall  be  signed  in  duplicate  by 
the  members  of  such  board,  or  a  majority  of 
them,  and  returned,  one  copy  to  the  mayor  there- 
of, or  other  chief  executive  officer  of  such  city, 
and  the  other  to  the  recorder  of  the  county.  Such 
proposed  charter  shall  then  be  published  in  two 
daily  newspapers  of  general  circulation  in  such 
city,  for  at  least  twenty  days,  and  the  first  pub- 
lication shall  be  made  within  twenty  days  after 
the  completion  of  the  charter;  provided,  that  in 
cities  containing  a  population  of  not  more  than 
ten  thousand  inhabitants,  such  proposed  charter 
shall  be  published  in  one  such  daily  newspaper; 
and  within  not  less  than  thirty  days  after  such 
publication  it  shall  be  submitted  to  the  qualified 
electors  of  said  city  at  a  general  or  special  elec- 
tion, and  if  a  majority  of  such  qualified  electors 


voting  thereon  shall  ratify  the  same,  it  shall 
thereafter  be  submitted  to  the  legislature  for  its 
approval  or  rejection  as  a  whole,  without  power 
of  alteration  or  amendment.  Such  approval  may 
be  made  by  concurrent  resolution,  and  if  ap- 
proved by  a  majority  vote  of  the  members  elected 
to  each  house,  it  shall  become  the  charter  of  such 
city,  or,  if  such  city  be  consolidated  with  a 
county,  then  of  such  city  and  county,  and  shall 
become  the  organic  law  thereof,  and  supersede 
any  existing  charter  and  all  amendments  there- 
of, and  all  laws  inconsistent  with  such  charter. 
A  copy  of  such  charter,  certified  by  the  mayor, 
or  chief  executive  officer,  and  authenticated  by 
the  seal  of  such  city,  setting  forth  the  submission 
of  such  charter  to  the  electors,  and  its  ratifica- 
tion by  them,  shall  after  the  approval  of  such 
charter  by  the  legislature,  be  made  in  duplicate, 
and  deposited,  one  in  the  office  of  the  secretary 
of  state,  and  the  other,  after  being  recorded  in 
said  recorder's  office,  shall  be  deposited  in  the 
archives  of  the  city,  and  thereafter  all  courts 
shall  take  judicial  notice  of  said  charter.  The 
charter,  so  ratified,  may  be  amended  at  intervals 
of  not  less  than  two  years  by  proposals  therefor, 
submitted  by  the  legislative  authority  of  the 
city  to  the  qualified  electors  thereof  at  a  general 
or  special  election,  held  at  least  forty  days  after 
the   publication   of  such   proposals  for  twenty 


days  in  a  daily  newspaper  of  genei'al  circulation 
in  such  city,  and  ratified  by  a  niajoi'it}^  of  the 
electors  voting  thereon,  and  approved  by  the 
legislature  as  herein  provided  for  the  approval 
of  the  charter.  Whenever  fifteen  per  cent  of  the 
qualified  voters  of  the  city  shall  petition  the 
legislative  authority  thereof  to  submit  any  pro- 
posed amendment  or  amendments  to  said  charter 
to  the  qualified  voters  thereof  for  approval,  the 
legislative  authority  thereof  must  submit  the 
same.  In  submitting  any  such  charter,  or 
amendments  thereto,  any  alternative  article  or 
proposition  may  be  presented  for  the  choice  of 
the  voters,  and  may  be  voted  on  separately  with- 
out prejudice  to  others.  (Amendment  adopted 
November  4,  1902.) 


--~  CONSTITUTION.  OF  1879.         Art.  XI,  §  8 

The  -n'ord  "city,"  when  used  in  the  constitution, 
includes  a  consolidated  city  and  county.  (People  v. 
Hoge,  5.")  Cal.  G12;  Morgan  v.  Menzies,  60  Cal.  341.) 

The  provisions  of  this  section  are  prospective  and 
apply  only  to  governments  merged  after  the  consti- 
tution went  into  effect.  (Wood  v.  Election  Commrs., 
58  Cal.  561.) 

The  provision  of  this  section  for  two  boards  of 
supervisors  applied  only  to  general  laws  or  charters 
passed  subsequently  to  the  adoption  of  the  constitu- 
tion.    (Desmond  v.  Dunn,  JiS  Cal.  242.) 

Under  the  provision  of  this  section  that  the  provi- 
sions of  the  constitution  as  to  cities  shall  apply  to  con- 
solidated cities  and  counties,  the  provisions  of.  section 
6  of  this  article  apply  to  consolidated  cities  and  coun- 
ties.    (Desmond  v.  Dunn,  55  Cal.  242.) 

The  provisions  of  section  11,  article  11,  are  applica- 
ble to  consolidated  city  and  county  governments.  (Ex 
parte  Keeney,  84  Cal.  304,  24  Pac.  34.) 

Section  5,  article  11,  requiring  the  legislature  to 
provide  for  the  strict  accountability  of  county  of- 
ficers for  all  fees  which  may  be  collected  by  them, 
is  applicable  to  consolidated  cities  and  counties. 
(Rauer  v.  Williams,   118  Cal.  401,   50  Pac.   691.) 

,  Sec.  8.  Any  city  containing  a  population  of 
more  than  three  thousand  five  hundred  inhabi- 
tants may  frame  a  charter  for  its  own  govern- 
ment, consistent  with  and  subject  to  the  consti- 
tution and  laws  of  this  state,  by  causing  a  board 
of  fifteen  freeholders,  who  shall  have  been  for  at 
least  five  years  qualified  electors  thereof,  to  be 
elected  by  the  qualified  voters  of  said  city  at  any 
general  or  special  election,  whose  duty  it  shall  be, 
within  ninety  days  after  such  election,  to  prepare 
and  propose  a  charter  for  such  city,  which  shall 
be  signed,  in  duplicate,  by  the  members  of  such 
board,  or  a  majority  of  them,  and  returned,  one 


Art.  XI,  §  8         CONSTITUTION  OF  1S79.  228 

copy  to  the  mayor  thereof,  or  other  chief  executive 
officer  of  such  city,  and  the  other  to  the  recorder 
of  the  county.  Such  proposed  charter  shall  then 
be  published  in  two  daily  newspapers  of  general 
circulation  in  such  city,  for  at  least  twenty  days, 
and  the  first  publication  shall  be  made  within 
twenty  days  after  the  completion  of  the  charter; 
provided,  that  in  cities  containing  a  population  of 
not  more  than  ten  thousand  inhabitants  such  pro- 
posed charter  shall  be  published  in  one  such  daily 
newspaper;  and  within  not  less  than  thirty  days 
after  such  publication  it  shall  be  submitted  to 
the  qualified  electors  of  said  city  at  a  general  or 
special  election,  and  if  a  majority  of  such  quali- 
fied electors  voting  thereat  shall  ratify  the  same, 
it  shall  thereafter  be  submitted  to  the  legislature 
for  its  approval  or  rejection  as  a  whole,  without 
power  of  alteration  or  amendment.  Such  ap- 
proval may  be  made  by  concurrent  resolution,  and 
if  approved  by  a  majority  vote  of  the  members 
elected  to  each  house,  it  shall  become  the  charter 
of  such  city,  or  if  such  city  be  consolidated  with 
a  county,  then  of  such  city  and  county,  and  shall 
become  the  organic  law  thereof,  and  supersede 
any  existing  charter  and  all  amendments  thereof, 
and  all  laws  inconsistent  with  such  charter.  A 
copy  of  such  charter,  certified  by  the  mayor,  or 
(;hiof  executive  ofiicor,  and  auilicnticatod  by  the 
seal  of  such  city,  sotting  forth  the  submission  of 
such  charter  to  the  electors,  and  its  ratification 


221)  CONSTITUTION  OF  1879.         Art.  XI,  §  8 

by  them,  shall,  after  the  approval  of  such  charter 
by  the  legislature,  be  made,  in  duplicate,  and  de- 
posited, one  in  the  office  of  the  secretary  of  state, 
and  the  other,  after  being  recorded  in  said  re- 
corder's office,  shall  be  deposited  in  the  archives 
of  the  city,  and  thereafter  all  courts  shall  take 
judicial  notice  of  said  charter.  The  charter,  so 
ratified,  may  be  amended  at  intervals  of  not  less 
than  two  years  by  proposals  therefor,  submitted 
by  the  legislative  authority  of  the  city  to  the 
qualified  electors  thereof,  at  a  general  or  special 
election,  held  at  least  forty  days  after  the  publi- 
cation of  such  proposals  for  twenty  days  in  a  daily 
newspaper  of  general  circulation  in  such  city,  and 
ratified  by  at  least  three-fifths  of  the  qualified 
electors  voting  thereat,  and  approved  by  the  legis- 
lature, as  herein  provided  for  the  approval  of  the 
charter.  In  submitting  any  such  charter,  or 
amendments  thereto,  any  alternative  article  or 
proposition  may  be  presented  for  the  choice  of 
the  voters,  and  may  be  voted  on  separately  with- 
out prejudice  to  others.  [Eatification  declared 
December   30,   1892.] 

[AMENDMENT  OF  1887.] 
Sec.  8.  Any  city  or  consolidated  city  and  county, 
containing  a  population  of  more  than  one  hundred 
thousand  inhabitants,  may  frame  a  charter  for  its 
own  government,  consistent  with  and  subject  to  the 
constitution  and  laws  of  this  state,  by  causing  a 
board  of  fifteen  freeliolders,  who  shall  have  been  for 
at  least  five  years  qualified  electors  thereof,  to  be 
Constitution— 20 


Art.  XI,  §  8         CONSTITUTION  or  1879.  230 

elected  by  the  qualified  voters  of  such  city,  or  city 
and  county,  at  any  general  or  special  election,  whose 
duty  it  shall  be,  within  one  hundred  days  after  such 
election  to  prepare  and  propose  a  charter  for  such 
city,  or  city  and  county,    which   shall  be  signed  in 
duplicate  by  the  members  of  such  board,  or  a  major- 
ity of  them,  and  returned,  one  copy  thereof  to  the 
mayor,  or  other  chief  executive  officer  of  such  city 
or  city  and  county,  and  the  other  to  the  recorder  of 
deeds  of  the  county,  or  city  and  county.     Such  pro- 
posed charter  sliall  then  be  published  in  two  daily 
papers  of  general  circulation  in  such  city,  or  city  and 
county,  for  at  least  twenty  days,  and  such  publication 
shall  be  commenced  within  twenty  (20j  days  after  the 
completion  of  the  charter,  and  within  not  less  than 
thirty  days  after  the  completion  of  such  pubUcation, 
it  shall  be  submitted  by  the  legislative  authority  of 
said  city,  or  city  and  county,  to  the  qualified  electors 
thereof  at  a  general  or  special  election,  and  if  a  ma- 
jority of  such  qualified  electors  voting  thereat  shall 
ratify  the  same,  it  shall  thereafter  be  submitted  to  the 
legislature  for  its  approval  or  rejection  as  a  whole, 
Avithout  power  of  alteration  or  amendment;  and  if  ap- 
proved by  a  majority  vote  of  the  members  elected  to 
each  house,  it  shall  become  the  charter  of  such  city, 
or  if  such  city  be  consolidated  with  a  county,  then  of 
such  city  and  county,  and  shall  become  theorganic  law 
thereof,  and  supersede  any  existing  charter  and  all 
amendments  thereof,  and  all  special  laws  inconsistiMit 
with  such  charter.     A  copy  of  sucli  charter,  certified 
by  the  mayor  or  other  chief  executive  officer,  and  au- 
thenticated by  the  seal  of  such  city,  or  city  and  coun- 
ty, setting  forth  the  submission  of  such  chailiM'  to 
the  electors,   and   its   ratification  by  them,   .shall  be 
made  in  duplicate,  and  deposited,  one  in  the  office 
of  the  secretary  of  state,  the  other,  after  being  re- 


231  CONSTITUTION  OP  1879.         Art.  XI,  §  8 

corded  in  the  office  of  the  recorder  of  deeds  of  the 
county,  or  city  and  county,  among  the  archives  of 
the  city,  or  city  and  county.  All  courts  shall  take 
judicial  notice  thereof.  The  charter  so  ratified  may 
be  amended  at  intervals  of  not  less  than  two  years, 
by  proposals  therefor  submitted  by  legislative  au- 
thority of  the  city,  or  city  and  county,  to  the  quali- 
fied voters  thereof  at  a  general  or  special  election 
held  at  least  sixty  days  after  the  puljlication  of  such 
Xiroposals,  and  ratified  by  at  least  three-fifths  of  the 
qualified  electors  voting  thereat,  and  approved  by  the 
legislature  as  herein  provided  for  the  approval  of 
the  charter.  In  submitting  any  such  charter,  or 
amendment  thereto,  any  alternative  article  or  propo- 
sition may  be  presented  for  the  choice  of  the  voters, 
and  may  be  voted  on  separately  without  prejudice 
to  others.  Any  city,  or  consolidated  city  and  county, 
containing  a  population  of  more  than  ten  thousand 
and  not  more  than  one  hundred  thousand  inhabi- 
tants, may  frame  a  charter  for  its  own  government, 
consistent  with  and  subject  to  the  constitution  and 
laws  of  the  state,  by  causing  a  board  of  fifteen  free- 
holders, who  shall  have  been  for  at  least  five  years 
qualified  electors  thereof,  to  be  elected  by  the  quali- 
fied voters  of  said  city,  or  city  and  county,  at  any 
general  or  special  election,  whose  duty  it  shall  be, 
within  ninety  days  after  such  election,  to  prepare 
and  propose  a  charter  for  such  city,  or  city  and  coun- 
ty, which  shall  be  signed  in  duplicate  by  the  members 
of  such  board,  or  a  majority  of  them,  and  returned, 
one  copy  thereof  to  the  mayor,  or  other  chief  execu- 
tive officer  of  said  city,  or  city  and  county,  and  the 
other  to  the  recorder  of  the  county,  or  city  and  coun- 
ty. Such  proposed  charter  shall  then  be  published  in 
two  daily  papers  of  general  circulation  in  such  city, 
or  city  and  county,   for  at  least  twenty  days,   and 


Art.  XI,  §  S         CONSTITUTION  of  1S79.  232 

publication  shall  be  commenced  within  twenty  days 
after  the  completion  of  the  charter;  and  within  not 
less  than  thirty  days  after  the  completion  of  such 
publication  it  shall  be  submitted  by  the  lej^islative 
authority  of  said  city,  or  city  and  county,  to  the  quali- 
fied electors  of  said  city,  or  city  and  county,  at  s 
general  or  special  election,  and  if  a  majority  of  such 
qualified  electors  voting  thereat  shall  ratify  the  same, 
it  shall  thereafter  be  submitted  to  the  legislature  for 
its  approval  or  rejection  as  a  whole,  without  power  of 
alteration  or  amendment,  and  if  approved  by  a  ma- 
jority vote  of  the  members  elected  to  each  house,  it 
shall  become  the  charter  of  such  city,  or  if  such  city 
be  consolidated  with  a  county,  then  of  such  city  and 
county,  and  shall  become  the  organic  law  thereof, 
and  shall  supersede  any  existing  charter  and  all 
amendments  thereof,  and  all  special  laws  inconsistent 
with  such  charter.  A  copy  of  such  charter,  certified 
by  the  mayor,  or  other  chief  executive  officer,  and 
authenticated  by  the  seal  of  such  city,  or  city  and 
county,  setting  forth  the  submission  of  such  charter 
to  the  electors,  and  its  ratification  by  them,  shall  be 
made  in  duplicate,  and  deposited,  one  in  the  office 
of  the  secretary  of  state,  and  the  other,  after  being 
recorded  in  the  office  of  recorder  of  deeds  of  the 
county,  or  city  and  county,  among  the  archives  of 
the  city,  or  city  and  county;  and  thereafter  all  courts 
shall  take  judicial  notice  thereof.  The  charter  so 
ratified  may  be  amended,  at  intervals  of  not  less  than 
two  years,  by  proposals  therefor,  submitted  by  the 
legislative  authority  of  the  city,  or  city  and  county, 
to  the  qualified  electors  thereof,  at  a  general  or  spe- 
cial election  held  at  least  sixty  days  after  the  publi- 
cation of  such  proposals,  and  ratified  by  at  least  three- 
fifths  of  the  qualified  el(>ctors  voting  ther(>at,  and 
approved  by  the  legislature  as  herein  provided  for  the 


233  CONSTITUTION  OF  1879.         Art.  XI.  §  8 

approA'al  of  the  charter.  In  submitting  any  such  char- 
ter, or  amendment  thereto,  any  alternative  article  or 
proposition  may  be  presented  for  the  choice  of  the 
voters,  and  may  be  voted  on  separately  without  preju- 
dice to  others. 

[ORIGINAL   SECTION.] 

Sec.  8.  Any  city  containing  a  population  of  more 
than  one  hundred  thousand  inhabitants  may  frame 
a  charter  for  its  own  government,  consistent  with 
and  subject  to  the  constitution  and  laws  of  this 
state,  by  causing  a  board  of  fifteen  freeholders,  who 
shall  have  been  for  at  least  five  years  qualified  elec- 
tors thereof,  to  be  elected  by  the  qualified  voters  of 
such  city,  at  any  general  or  special  election,  whose 
duty  it  shall  be,  within  ninety  days  after  such  elec- 
tion, to  prepare  and  propose  a  charter  for  such  city, 
which  shall  be  signed  in  duplicate  by  the  members  of 
such  board,  or  a  majority  of  them,  and  returned  one 
copy  thereof  to  the  mayor,  or  other  chief  executive 
oflicer  of  such  city,  and  the  other  to  the  recorder  of 
deeds  of  the  county.  Such  proposed  charter  shall 
then  be  published  In  two  daily  papers  of  general  cir- 
culation in  such  city  for  at  least  twenty  days,  and 
within  not  less  than  thirty  days  after  such  publica- 
tion it  shall  be  submitted  to  the  qualified  electors  of 
such  city  at  a  general  or  special  election,  and  if  a 
majority  of  such  qualified  electors  voting  thereat 
shall  ratify  the  same,  it  shall  thereafter  be  submitted 
to  the  legislature  for  its  approval  or  rejection  as  a 
whole,  without  power  of  alteration  or  amendment, 
and  If  approved  by  a  majority  vote  of  the  members 
elected  to  each  house,  it  shall  become  the  charter  of 
such  city,  or  if  such  city  be  consolidated  with  a  coun- 
ty, then  of  such  city  and  county,  and  shall  become 
the  oi'ganic  law  thereof,  and  supersede  any  existing 
charter  and  all  amendments  thereof,  and  all  special 


Art.  XI,  §  8      coxsTiTUTioN  OF  1879.  234 

laws  inconsistent  witti  such  cliarter.  A  copy  of  such 
cliarter,  certified  by  the  mayor,  or  chief  executive  of- 
ficer and  authenticated  by  the  seal  of  sucli  city,  set- 
ting fortli  the  submission  of  such  charter  to  the  elec- 
tors, and  its  ratification  by  them,  shall  be  made  in 
duplicate,  and  deposited,  one  in  the  office  of  the  sec- 
retary of  state,  the  other,  after  being  recorded  in  the 
office  of  the  recorder  of  deeds  of  the  county,  or  city 
and  county,  among  the  archives  of  the  city,  all  courts 
shall  take  judicial  notice  thereof.  The  charter  so  rat- 
ified maybe  amended  at  intervals  of  not  less  than  two 
years,  by  proposals  therefor  submitted  by  legislative 
autliority  of  the  city,  to  the  qualified  voters  thereof  at 
a  general  or  special  election  held  at  least  sixty  days 
after  the  publication  of  such  proposals,  and  ratified 
by  at  least  three-fifths  of  the  qualified  electors  vot- 
ing thereat,  and  approved  by  the  legislature  as  herein 
provided  for  the  approval  of  the  charter.  In  submit- 
ting any  such  charter,  or  amendment  thereto,  any  al- 
ternative article  or  proposition  may  be  presented  for 
the  choice  of  the  voters,  and  may  be  voted  on  sep- 
arately without  prejudice  to  others. 

CHARTERS— In  general.— This  section  is  self-exe- 
cuting.    (People  V.   Hoge,  55  Cal.  012.) 

The  provisions  of  this  section  as  to  tlie  adoption 
of  the  charter  are  mandatory  and  prohibitory,  and 
a  failure  to  observe  tliem  will  invalidate  the  charter. 
(It'ople  V.  (Junn,  85  Cal.  238,  24  Tac.  718.) 

The  purpose  of  this  section  was  to  emancipate 
nuiiii(ii»al  governments  from  the  authority  and  con- 
trol formerly  exercised  over  them  by  the  legislature, 
(i'eople  V.  lioge,  55  Cal.  012.) 

The  right  to  frame  a  charter  is  not  a  continuing 
riglit,  and  after  it  has  been  once  exercised  by  the 
a<l()iiIioii  of  a  charter,  the  nuiiiirii)ality  cannot  adopt 
aiiollicr  charter,  but  must  anuMul  the  one  already 
adopted.     (Hlanchard   v.   llartwcll.    i:!l   Cal.  2(!:{.) 

The  legislature  cannot  abridge  the  right  given  by 


235  CONSTITUTION  OF  1879.         Art.  XI.  §  8 

this  section  to  cities  to  adopt  cliarters.  (People  v. 
Bajjley,  S.j  Cal.  34.3,  24  Pac.  71ti.) 

A  charter  is  a  "statute"  within  the  meaning  of 
section  1022  of  the  Civil  Code.  It  is  also  a  "law," 
and  also  written  law.  (Frick  v.  Los  Angeles,  115  Cal. 
512,  47  Pac.  2.''.().) 

A  charter  must  be  consistent  with  the  constitution 
and  general  laws  of  the  state.  But  the  whole  charter 
Avill  not  he  held  invalid  because  a  few  of  its  provi- 
sions may  be  inconsistent  with  general  statutes  in 
force  at  the  time  of  its  adoption.  (Brooks  v.  Fischer, 
79  Cal.  173,  21  Pac.  0.52.) 

A  cliarter  unlawfully  attempting  to  give  a  police 
court  exclusive  jurisdiction  of  certain  misdemeanors 
is  not  inconsistent  with  the  general  law  giving  such 
jurisdiction  to  justices'  courts.  (Ex  parte  Dolan,  128 
Cal.  400,  00  Pac.  1094.) 

A  city  may  provide  in  its  charter  for  taxation  for 
mimicipal  purposes.  (Security  Sav.  etc.  Co.  v.  Hinton, 
97   Cal.   214,   32   Pac.   3.) 

The  charter  cannot  extend  its  authority  outside  of 
the  territory  of  the  city.  (Kennedy  v.  Miller,  97  Cal. 
429,  437,  .32  Pac.  558.) 

Freeholders.— The  board  of  election  commissioners 
of  San  Francisco  have  power  to  call  an  election  of 
freeholders  under  this  section.  (People  v.  Hoge,  55 
Cal.    012.) 

The  action  of  the  board  of  election  commissioners 
in  ordering  an  election  of  freeholders  under  this  sec- 
tion is  not  judicial  in  its  nature.  (People  v.  Election 
Commrs.,  54  Cal.  404.) 

All  that  is  necessary  to  the  validity  of  an  election 
of  freeholders  is  that  they  be  chosen  at  a  general 
or  special  election;  and  where  there  has  been  such  an 
election,  the  voice  of  the  people  is  not  to  be  rejected 
for  a  defect  or  even  want  of  notice,  if  they  have 
in  truth  been  called  upon  and  have  spoken.  (People 
V.  Hoge,  55  Cal.  012.) 

As  to  whether  or  not  irregularities  in  the  election 
of  freeholders  can  affect  the  validity  of  the  charter, 
see  People  v.  Gunn,  85  Cal.  238,  24*  Pac.  718. 

Where  the  person  receiving  the  highest  number  of 
votes  for  freeholder  is  disqualified,  the  next  higJiest 


Art.  XI,  §  8         CONSTITUTION  OP  1870.  23G 

person  is  not  entitled  to  a  certificate  of  election.  (Peo- 
ple V.  Hecbt,  105  Cal.  G21,  38  Tac.  941.) 

The  acts  of  de  facto  freeholders  ai'e  valid.  (People 
V.   Hecht,   105   Cal.   021,   38  Pac.   941.) 

Where  some  of  the  freeholders  elected  are  ineligi- 
ble, the  remainder  of  them  may  frame  the  charter. 
A  majority  of  those  qualified  may  act.  (People  v. 
Hecht,  105  Cal.  021,  38  Pac.  041.) 

A  person  Avho  has  not  been  for  at  least  five  years 
a  qualified  elector  of  the  city  is  ineligible  to  the  of- 
fice of  freeholder.  (People  v.  Hecht,  105  Cal.  621,  38 
Pac.  941.) 

Katification.— The  duty  of  calling  an  election  to 
ratify  a  charter  is  one  clearly  enjoined  by  law,  and 
may  be  enforced  by  mandamus;  and  it  is  no  defense 
that  there  may  not  be  sufficient  funds  in  the  tra-T^uw 
to  defray  the  expenses  of  the  election.  (Gibbs  v.  Bart- 
lett,  63  Cal.  117.) 

An  election  is  invalid  if  no  duplicate  of  the  pro- 
posed charter  was  delivered  to  the  mayor  or  recorder, 
or  if  held  without  sufficient  publication  of  notice,  or 
in  less  than  the  required  number  of  days  after  com- 
pletion of  the  publication.  (People  v.  Gunn,  85  Cal. 
238,  24  Pac.  718.) 

A  city  charter  may  be  approved  by  a  majorit.y  of 
the  members  elected  to  each  house  of  the  l(\yishiture 
by  joint  resolution,  without  the  approval  of  the  ffov- 
ei-nor.     (Brooks  v.  Fischer,  70  Cal.  173,  21  Pac.  652.) 

The  legislature  in  approving  a  freeholders'  chaiter 
does  not  exercise  its  law-making  power.  (People  v. 
Toal.  85  Cal.  333.  24  Pac.  G03;  I'eople  v.  Gunn.  85  Cal. 
238,  24  Pac.  718.) 

The  legislature  in  approving  a  freeholders'  charter 
cannot  conclusively  determine  Avhether  or  not  the 
municipal  autliorilies  and  people  of  tlie  city  have 
proceeded  regularly  in  its  framinj::  and  adoption. 
(People  V.  Gunn,  85  Cal.  238,  24  Pac.  718.) 

Effect.— A  new  charter  supersedes  the  old  and  all 
amendments  thereto.  (People  v.  Oakland,  92  Cal. 
611,  28  Pac.  807.) 

A  description  of  the  territory  of  a  niuncijial  corpora- 
tion is  an  ess(!ntial  part  of  the  charter,  and  is  sui)er- 
scded  by  an  entii'cly  new  chai'ter  containing  a  dilTor- 
ent  (lesciNptidn  of  tmiiory  from  tliat  contained  in  the 


237  CONSTITUTION  OF  1879.         Art.  XI,  §  8 

ori£?inal  charter,  (rcople  t.  Oakland,  92  Gal.  Gil,  28 
Pac.  807.;) 

The  adoption  of  a  new  charter  operates,  not  ex 
proprio  visore,  but  by  virtue  of  the  provisions  of  the 
constitution,  to  supersede  the  existing  charter  and  all 
amendments  thereto,  and  althougli  sucli  charter  can- 
not establish  a  police  court,  it  will  abolish  one  es- 
tablished by  the  former  charter.  (Ex  parte  Sparks, 
120  Cal.  395,  52  Tac.  715.) 

A  new  charter  supersedes  the  provision  of  an  ex- 
isting charter  establishing  a  justice's  court.  (Miner 
V.  Justice's  Court,  121  Cal.  204.  53  Pac.  795.) 

While  the  charter  of  the  city  of  Eureka  superseded 
the  provisions  of  the  former  charter  creating  the  of- 
fice of  harbormaster,  without  malving  any  provision 
for  such  officer,  it  did  not  supersede  the  provisions 
of  the  Political  Code  providing  for  tlie  duties  of  such 
harbormastei'.  (Quigg  v.  Evans,  121  Cal.  546,  53  Pac. 
1093.) 

Validity.— The  municipality,  real  or  pretended,  is  a 
necessary  party  to  a  proceeding  to  test  the  validity 
of  a  municipal  charter.  (People  v.  Gunn,  85  Cal.  23S, 
24  Pac.    718.) 

Amendmeiits. — After  the  adoption  of  a  freeholders' 
charter  a  second  board  of  freeholders  cannot  be 
elected  to  frame  a  second  charter  for  the  city  to 
be  adopted  by  a  majority  vote,  but  the  first 
charter  must  be  amended.  (Blanchard  v.  Hartwell, 
131  Cal.  2(53.) 

The  provisions  of  the  constitution  in  regard  to  the 
adoption  and  amendment  of  freeholders'  charters  are 
mandatory  and  prohibitory;  and  the  mode  of  amend- 
ment of  such  charters  is  exclusively  commanded,  and 
all  others  are  prohibited.  (Blanchard  v.  Hartwell, 
131  Cal.  203.-) 

The  amendment  mentioned  in  this  section  relates 
only  to  amendments  made  by  and  at  the  instance 
of  the  officers  and  electors  of  the  city,  and  does  not 
inhibit  the  amendment  or  change  of  the  charter  within 
two  years  under  general  laws.  (People  v.  Coronado, 
100  Cal.  571,  35  Pac.  162.) 

The  annexation  of  additional  territory  to  the  city 
does  not  work  an  amendment  to  the  charter.  (People 
V.  (>r'.kland,  123  Cal.  598,  50  Pac.  445.) 


Art.  XI,  §  8^2      CONSTITUTION  OF  1879.  238 

A  provision  in  a  freeliolders'  charter  fixing:  th? 
salaries  of  officers  and  providing:  tliat  "the  common 
council,  in  the  month  of  January.  1891.  and  every 
four  years  thereafter,  shall  readjust  and  fix  anew 
the  amount  of  all  official  salaries  provided  for  in 
this  charter,"  is  not  an  amendment  to  the  charter. 
(Coyne  v.  Rennie,  97  Cal.  590,  32  Pac.  578.) 

The  "special  election"  provided  for  by  this  section 
is  an  election  held  for  the  special  purpose  of  vot- 
ing upon  the  amendments  to  the  charter.  (People  v. 
Davie,  114  Cal.  363,  4f>  Pac.  150.) 

Sec.  8^.  It  shall  be  competent,  in  all  charters, 
framed  under  the  authority  given  by  section  eight 
of  article  eleven  of  this  constitution,  to  provide, 
in  addition  to  those  provisions  allowable  by  this 
constitution  and  by  the  laws  of  the  state,  as  fol- 
lows: 

1.  For  the  constitution,  regulation,  govern- 
ment, and  jurisdiction  of  police  courts,  and  for 
the  manner  in  which,  the  times  at  which,  and  the 
terms  for  which  the  judges  of  such  courts  shall 
be  elected  or  appointed,  and  for  the  compensation 
of  said  judges  and  of  their  clerks  and  attaches. 

2.  For  the  manner  in  which,  the  times  at 
which,  and  the  terms  for  which  the  members  of 
boards  of  education  shall  be  elected  or  appointed, 
and  the  number  which  shall  constitute  any  one 
of  such  boards. 

3.  For  the  manner  in  whicli,  the  times  at 
which,  and  the  terms  for  whicli  the  members  of 
the  boards  of  police  commissioners  shall  be  elect- 
ed or  appointed;  and  for  the  constitution,  rcgula- 


239  COASTITUTION  OF  1879.      Art.  XI,  §  8% 

tion,  compensation,  and  government  of  such 
boards  and  of  the  mnnicipal  police  force. 

4.  For  the  manner  in  which,  the  times  at 
which,  and  the  terms  for  which  the  members  of 
all  boards  of  election  shall  be  elected  or  appointed, 
and  for  the  constitution,  regulation,  compensa- 
tion, and  government  of  such  boards,  and  of  their 
clerks  and  attaches;  and  for  all  expenses  incident 
to  the  holding  of  any  election. 

Where  a  city  and  county  government  has  been 
merged  and  consolidated  into  one  municipal  gov- 
ernment, it  shall  also  be  competent  in  any  charter 
framed  under  said  section  eight  of  said  article 
eleven,  to  provide  for  the  manner  in  which,  the 
times  at  which,  and  the  terms  for  which  the  sev- 
eral county  officers  shall  be  elected  or  appointed, 
for  their  compensation,  and  for  the  number  of 
deputies  that  each  shall  have,  and  for  the  com- 
pensation payable  to  each  of  such  deputies. 
[Amendment  adopted  Xovember  3,  1896.] 

PROVISIONS  OF  CHARTER.— This  section  is  not 
retroactive,  and  lias  no  application  to  charters  pre- 
viously adopted.  (Ex  parte  Sparks,  120  Cal.  395,  52 
Pac.  715.) 

Under  this  provision  the  freeholders'  charter  of  San 
Francisco  properlj-  fixed  the  manner  in  which,  the 
times  at  which,  and  the  terms  for  which  the  sev- 
eral county  officers  shall  be  elected  or  appointed. 
(Martin  v.  Election  Commrs.,  126  Cal.  404,  58  Pac. 
932.) 

Under  this  section  the  charter  cannot  vest  exclusive 
jurisdiction  of  certain  misdemeanors  in  the  police 
court,  and  thus  oust  the  justices'  courts  of  such  jiuMs- 
diction.     (I^x  parte  Dolun,  128  Cal.  400,  GO  Pac.  1094.) 


Art.  XI,  §  9         CONSTITUTION  OF  1879.  240 

This  section  confers*no  power  upon  the  municipality 
to  prescribe  by  a  freeholders'  charter  the  qualifica- 
tions of  the  deputies  mentioned  in  this  section. 
(Crowley  v.  Freud,  132  Cal.  440.) 

Sec.  9.  The  compensation  of  any  county,  city, 
town,  or  municipal  officer  shall  not  be  increased 
after  his  election  or  during  his  term  of  office; 
nor  shall  the  term  of  any  such  officer  be  extended 
beyond  the  period  for  which  he  is  elected  or  ap- 
pointed. 

COMPENSATION  OF  OFFICERS.— The  provision 
against  altering  the  compensation  of  an  officer  dur- 
ing his  term,  applies  to  those  officers  elected  at  the 
first  election  after  the  adoption  of  the  constitution, 
whose  salaries  were  fixed  by  previous  laws.  (Gross 
V.   Kenfield,  57  Cal.  62G.) 

This  section  does  not  -apply  to  incidental  expenses 
of  the  office,  but  only  to  the  compensation  for  ser- 
vices.    (Kirkwood  v.  Soto.  87  Cal.  304,  24  Pac.  488.) 

Where  a  County  Government  Act  increases  the 
salaries  of  certain  officers  and  provides  that  it  "shall 
not  affect  the  present  incumbents,"  such  increase  does 
not  accrue  to  a  person  appointed  to  fill  a  vacancy  in 
an  unexpired  term  of  such  incumbent.  (Larew  v. 
XeAvman,  81  Cal.  588.  23  Pac.  227.) 

An  order  of  the  board  of  supervisors  allowing  a 
county  clerk  a  deputy  at  a  salary  of  fifty  dollars  a 
month,  to  be  paid  by  the  county,  made  after  the 
election  of  the  county  clerk,  is  in  conflict  with  this 
provision.  (Dougherty  v.  Austin,  94  Cal.  GOl,  28  Pac. 
834,  29  Pac.  1092.) 

An  ordinance  of  a  board  of  supervisors  diminishing 
the  compensation  of  constables  during  their  term  is 
not  in  conflict  with  this  provision.  (People  v.  John- 
son,  95   Cal.   471,   31   Pac.   Oil.) 

An  act  relieving  county  oflicers,  who  were  elected 
prior  to  the  passag<>  of  tlio  act,  from  the  payment 
of  their  own  assislaiils.  is  void.  (Welsh  v.  Bramlet, 
98  Cal.  219,  33  Pac.  V>V>.) 

An  act  increasing  the  salary  of  a  policeman  during 


241  CONSTITUTION  OF  1879.       Art.  XI,  §  1<) 

his  term  of  office  is  void.  (Darcy  v.  Mayor,  104  Cal. 
042,  38  Pac.  500.) 

A  contract  to  pay  a  city  attorney  extra  compensa- 
tion for  services  rendered  during  his  term  of  office  is 
void;  but  he  misiht  recover  for  services  performed 
Tinder  such  contract  after  the  expiration  of  his  terra 
of  office.    (Buclv  V.  Eureka,  109  Cal.  504,  42  Pac.  243.) 

An  act  increasing:  the  compensation  of  county  of- 
ficers cannot  constitutionally  increase  the  salaries  of 
Incumbents.  (Tulare  Co.  v.  JefCerds,  118  Cal.  303,  50 
Pac.  427.) 

This  prohibition  applies  to  a  person  appointed  to 
fill  a  vacancy  caused  by  the  death  of  the  incumbent, 
after  the  passage  of  the  law  increasing  the  salary 
of  the  officer.  (Storke  v.  Goux,  129  Cal.  526,  62  Pac. 
68.) 

Also  to  an  officer  holding  over  after  the  expira- 
tion of  his  term,  by  failure  of  his  successor  to  qualify. 
(Rice  V.  National' City,  132  Cal.  354.) 

TERM  OF  OFFICE.— An  act  changing  the  time  of 
the  election  of  certain  officers  so  that  no  election  will 
be  held  until  after  the  expiration  of  the  terms  of  the 
present  incumbents  is  not  violative  of  this  section,  al- 
though they  are  entitled  to  hold  until  their  successors 
are  appointed.     (Treadwell  v.  Yolo  Co.,  62  Cal.  563.) 

Sec.  10.  No  county,  city,  town,  or  other  public 
or  municipal  corporation,  nor  the  inhabitants 
thereof,  nor  the  property  therein,  shall  be  re- 
leased or  discharged  from  its  or  their  proportion- 
ate share  of  taxes  to  be  levied  for  state  purposes, 
nor  shall  commutation  for  such  taxes  be  author- 
ized in  any  form  whatsoever. 

BELEASE  OF  INDEBTEDNESS.— This  section 
was  not  intended  to  embrace  a  release  of  doubtful 
claims  which  the  state  may  hold  against  a  corpora- 
tion.    (Burr  V.   Carbondale,   76  111.  455.) 

Constitution— 21 


Art.  XI,  §  11       CONSTITUTION  OF  1879.  242 

Sec.  11.  Any  count}',  city,  town,  or  township 
may  make  and  enforce  within  its  limits  all  such 
local,  police,  sanitary,  and  other  regulations  as 
are  not  in  conflict  with  general  laws. 

LOCAL,  POLICE,  AND  SANITARY  LAWS.— The 

police  power  is  subordinate  to  the  power  of  the  fed- 
eral government  to  reculate  commerce.  (Lin  Sing  v. 
Washburn,  20  Cal.  5.34.) 

The  "other  regulations"  mentioned  in  this  section 
must  be  limited  to  objects  similar  to  those  denomi- 
nated police  and  sanitary.  (Ex  parte  Hodges,  87  Cal. 
162,  25   Pac.   277.) 

Any  restriction  of  the  rights  of  individuals  to  pur- 
sue a  lawful  avocation  must  extend  to  all  individmls 
^^•ho  might  exercise  that  right  within  the  same  dis- 
trict. (Los  Angeles  v.  Hollywood  Cem.  Assn.,  124 
Cal.  344,  57   Pac.  153.) 

Any  practice  or  business  the  tendency  of  which,  as 
shown  by  experience,  is  to  weaken  or  corrupt  the 
morals  of  those  who  follow  it  or  to  encourage  idle- 
ness, instead  of  habits  of  industry,  is  a  legitimate 
subject  of  police  regulation.  Gambling  is  such  a 
practice.     (Ex  parte  Tuttle,  91  Cal.  589,  27  Pac.  9.33.) 

The  question  as  to  what  measures  are  needful  or 
appropriate  to  be  taken  in  the  exercise  of  the  police 
power  is  primarily  for  the  legislative  body  to  deter- 
mine; and  such  determination  will  not  be  disturl)ed 
by  the  courts,  unless  the  fundamental  rights  of  the 
citizen  are  assailed.  (Ex  parte  Tuttle,  91  Cal.  589, 
27  Pac.  933.) 

It  is  not  necessary  to  the  exercise  of  the  police 
power  in  regulating  a  business  that  it  shall  consti- 
tute a  nuisance  per  se.  (Ex  parte  Lacey,  108  Cal.  326, 
41  Pac.  411.) 

The  business  of  conducting  a  laundry  is  not  un- 
lawful, and  cannot  be  made  to  depend  upon  the  will 
of  any  number  of  citizens  or  prop(>rty  owners,  (Ex 
parte  Sing  T>ee.  9(>  Cal.  .354,  31   Pac.  215.) 

Police  power  is  exercised  in  the  enforcement  of  a 
penalty  prescribed  for  a  noncompliance  w'ith  law. 
(Merced  County  v.  Helm,  lOli  Cal.  159,  36  Pac.  399.) 


243  CONSTITUTION  OF  1S79.       Art.  XI,  §  11 

The  legislature  may  delegate  to  boards  of  super- 
visors of  counties  power  to  pass  local,  police,  and  sani- 
tary regulations.     (Ex  parte  Shrader,  33  Gal.  279.) 

This  provision  does  not  authorize  cities  to  change 
their  charters,  or  to  revolutionize  the  city  government, 
or  abrogate  a  department  thereof.  (People  v.  New- 
man, 90  Cal.   605,  31  Pac.  504.) 

This  section  includes  the  power  to  amend  an  ex- 
isting ordinance  ujion  the  same  subject.  (Foster  v. 
Police  Commrs.,  102  Cal.  483,  37  Pac.  703.) 

So  far  as  mere  police  regulations  are  concerned,  if 
city  and  county  ordinances  conflict,  the  police  regu- 
lations made  by  the  city  will  control  within  the  lim- 
its of  the  city.  (Ex  parte  Roach,  104  Cal.  272,  37  Pac. 
1044;  Ex  parte  Mansfield,  100  Cal.  400,  39  Pac.  775; 
Los  Angeles  V.  Eikenberry,  131  Cal.  461;  Ex  parte 
Pfirrman,  22  Cal.  Dec.  411.)        , 

But  a  county  license  upon  the  sale  of  liquor,  col- 
lected not  merely  as  a  regulation  but  for  revenue, 
may  be  collected  within  a  city  although  the  city  has 
collected  a  license  tax  for  the  same  business.  (Los 
Angeles   v.    Eikenberry,   131   Cal.   401.) 

A  city  orrlinance  is  not  a  general  law  within  the 
meaning  of  this  section.  (Los  Angeles  v.  Eikenberry, 
131   Cal.  461.) 

A  sanitary  district  is  not  a  municipal  eoiiioration, 
and  has  none  of  the  powers  granted  by  this  section, 
nor  can  the  legislature  confer  such  powers  upon  it. 
(In  re  Werner.  129  Cal.  567,  62  Pac.  97.) 

Conflict  with  general  laws. — An  act  which  is  vio- 
lative of  an  express  provision  of  the  constitution  can- 
not be  upheld  as  a  police  regulation.  (San  Francisco 
V.  Insurance  Co.,  74  Cal.  113.  15  Pac.  380.) 

A  county  ordinance  in  conflict  with  a  valid  general 
law  is  A'oid.  (San  Luis  Obispo  v.  Graves,  84  Cal. 
71,  23  Pac.  1032;  Ex  parte  Keeney,  84  Cal.  304,  24 
Pac.  34.) 

But  this  is  not  true  of  a  conflict  between  a  valid 
county  ordinance  and  an  unconstitutional  general  stat- 
ute. (San  Luis  Obispo  v.  Graves,  84  Cal.  71,  23  Pac. 
1032.) 

A  provision  of  a  city  ordinance  prohiliiting  the  sale 
of  spirituous  liquors  in  a  city  is  not  in  conflict  with 
the  general  law,  which  shows  a  tendency  simply  to 


Art.  XI,  §  11       coxsTiTUTiON  OF  1879.  244 

regulate  the  sale  of  liquors.  (Ex  parte  Campliell.  74 
Cal.  20.  15  Pac.  318;  Ex  parte  Noble,  96  Cal.  362.  31 
Pac.  224.) 

An  ordinance  making  it  unlawful  to  visit  a  gam- 
bling-house is  not  in  conflict  with  a  provision  of  the 
general  law  making  it  unlawful  to  bet  at  such  house. 
(Ex  parte  Boswell,  SG  Cal.  232,  24  Pac.  1060.) 

An  ordinance  undertaking  to  punish  precisely  the 
same  acts  which  are  punishable  under  the  general 
law  of  tlie  state  is  to  be  deemed  in  conflict  with  such 
general  law.  (Bx  parte  Steplien.  114  Cal.  278,  46  Pac. 
86:  In   re  Sic,   73   Cal.  142,   14  Pac.   405.) 

The  mere  fact  that  a  certain  provision  of  a  city  or- 
dinance is  in  conflict  with  the  general  law  will  not 
invalidate  the  entire  ordinance  if  the  provisions  there- 
of are  separable.  (Ex  parte  Christensen,  85  Cal.  208, 
24  Pac.  747.) 

An  ordinance  containing  certain  regulations  as  to 
the  burden  of  proof  and  the  eifect  of  certain  acts  as 
evidence  is  void.  (Ex  parte  Christensen,  85  Cal.  208. 
24  Pac.  747.) 

A  municipal  ordinance  making  it  a  misdemeanor  1o 
fail  to.  remove  an  obstruction  of  a  sidewallc  is  not  in 
conflict  witli  tlie  provisions  of  the  general  law  declar- 
ing such  an  obstruction  a  nuisance  and  punishable 
as  such,  since  the  municipality  might  legalize  a  par- 
tial obstruction  of  a  street.  (Ex  parte  Taylor,  87 
Cal.  91,  25  Pac.  258.) 

A  city  ordinance  imposing  a  penalty  for  having  lot- 
tery tickets  in  one's  possession,  greater  than  (he  pen- 
alty pi'ovided  by  the  general  laws  for  kindred  and 
more  serious  offenses,  is  in  conflict  with  llie  general 
laws,  and  void.  (Ex  parte  Solomon,  91  Cal.  410,  27 
Pac.  757.) 

A  city  ordinance  providing  that  no  oiiiuni  shall  be 
sold  without  a  prescrii)tion  of  :i  i)l!ysician  is  not  In 
conflict  with  the  state  k-nv  prohibiting  tlie  sale  of 
opium  unless  a  record  be  kept  of  the  sale  and  the 
package  marked  "poison."  (Ex  parte  Hong  Shen,  98 
Cal.    681.    33   Pac.    799.) 

An  ordinance  is  not  inconsistent  with  tlie  general 
law  Jiierely  because  it  makes  another  and  different 
regulation  on  the  same  subject,  when  there  is  no  di- 
rect conflict  b(>twecn  its  terms  and  the  pi-ovisions  of 


245  CONSTITUTION  OF  1879.       Art.  XI.  §  11 

the  state  law.  (Ex  parte  Hong  Shen,  98  Cal.  G81.  33 
Pac.  799.) 

Where  the  penalty  imposed  for  the  violation  of  an 
ordinance  conflicts  with  the  provisions  of  the  Penal 
Code,  the  penal  clause  of  the  oi'dinance  is  void.  (Ex 
parte  Mansfield,   lOG  Cal.  400,  39  Pac.  775.) 

An  ordinance  declaring;  it  unlawful  for  any  person 
to  have  in  his  possession  any  lottery  ticket,  unless 
it  be  shown  that  such  possession  is  innocent,  is  void 
as  in  conflict  with  the  general  presumption  of  inno- 
cence.    (In  re  Wong  Hane.  108  Cal.  080.  41  Pac.  693.) 

An  ordinance  forbidding  further  interment  in  the 
oity  cemetery  is  not  in  conflict  with  section  30.35  of 
the  Political  Code.  (La  Societa  etc.  v.  San  Francisco, 
1.31   Cal.   I(i9.) 

It  is  competent  for  a  city  ordinance  to  prohibit 
all  games  played  for  money  which  are  not  specifically 
denounced  by  the  statute.  (In  re  Murphv.  128  Cal. 
29.  60  Pac.  465.) 

The  fact  that  an  ordinance  proliibiting  games  for 
money  includes,  by  way  of  general  description,  games 
prohibited  by  statute,  as  well  as  those  not  so  pro- 
hibited, does  not  affect  the  validity  of  the  ordinance: 
but  all  games  so  prohibited  by  the  general  laws  must 
be  excluded  from  the  operation  of  the  ordinance.  (In 
re  Murphy,  128  Cal.  29,  60  Pac.  465.) 

Reasonableness,  etc.— A  municipal  ordinance  must 
be  consistent  with  the  general  powers  and  purposes 
of  the  corporation,  must  harmonize  with  the  general 
laws,  the  municipal  charter,  and  tlie  principles  of  the 
common  law,  and  can  have  no  extraterritorial  foi'ce 
unless  by  express  permission  of  the  sovereign  powei'. 
(South  Pasadena  v.  Terminal  Ry.  Co..  109  Cal.  315, 
41  Pac.  1093;  Ex  parte  Green,  94  Cal.  387,  29  Pac. 
783;  In  re  Ah  You.  88  Cal.  99,  25  Pac.  974.) 

But  where  the  legislature  in  terms  confers  upon  a 
municipal  corporation  the  power  to  pass  ordinances  of 
a  specified  character,  an  ordinance  passed  in  pursu- 
ance thereof  cannot  be  impeached  as  invalid  because 
it  would  liave  been  regarded  as  unreasonable  if  it 
had  lieen  passed  under  the  incidental  powers  of  the 
corporation,  or  under  a  grant  of  power  general  in  its 
nature.  But  where  the  power  to  legislate  on  a  given 
subject   is   conferred   and   the   mode   of   its   exercise 


Art.  XI,  §  11       CONSTITUTION  OF  1879.  246 

is  not  prescribecl,  then  the  ordinance  passed  in  pur- 
suance thereof  must  be  a  reasonable  exercise  of  the 
power,  or  it  will  be  pronounced  void.  (Ex  parte  Chin 
Yan,  CO  Cal.  78.) 

When  the  question  as  to  the  unreasonableness  of 
a  municipal  ordinance  is  in  doubt,  the  ordinance  will 
be  upheld;  but  when  the  ordinance  is  clearly  unrea- 
sonable, it  will  be  held  void.  (Ex  parte  McKenna, 
126  Cal.  429.  58  Pac.  916.) 

The  question  of  the  reasonableness  of  an  ordinance 
is  to  be  determined  by  the  court  from  the  ordinance, 
and  not  by  the  .lui-y  from  evidence  of  facts  not  ap- 
pearing upon  the  face  of  the  ordinance.  (Merced 
County  V.  Fleming.  Ill  Cal.  46,  43  Pac.  392.) 

An  ordinance  may  be  reasonable  as  applied  to  the 
regulation  of  cemeteries  within  a  city  or  town,  which 
would  be  unreasonable  if  applied  to  all  parts  of  a 
county  thinly  populated  in  many  of  its  parts.  (Los 
Angeles  v.  Hollywood  Cem.  Assn.,  124  Cal.  344,  57 
Pac.    153.) 

An  ordinance  imposing  a  fine  not  exceeding  one 
thousand  dollars  and  imprisonment  not  exceeding  six 
months,  for  uttering  profane  and  abusive  language 
in  the  presence  of  other  persons,  is  not  unreasonable. 
(McDonald  v.  Taylor,  89  Cal.  42,  26  Pac.  .595.) 

A  city  ordinance  prohibiting  the  carrying  of  con- 
ce.aled  weapons  by  any  person  other  than  i)ublic  of- 
ficers and  travelers,  without  a  permit  of  the  police 
commissioners,  and  presci-ibing  a  tine  of  not  less  than 
two  hundred  and  fifty  and  not  exceeding  five  hundred 
dollars,  or  imi)risonment  not  less  than  three  and  not 
exceedhig  six  months,  or  both,  does  not  impose  any 
excessive  or  unreasonable  penalty.  (Ex  parte  Cheney, 
90  Cal.  617.  27  Pac.  436.) 

An  ordinance  making  a  violation  thereof  punishnble 
by  imprisfinment  for  ten  days  and  a  fine  of  one  hun- 
dred and  fifty  dollars,  and  imprisonment  in  case  of 
noni)ayment  of  the  fine  at  the  rate  of  two  dollars 
a  day,  is  not  unreasonable.  (Ex  parte  Green,  94  Cal. 
:}87,  29  Pac.  783.) 

A  municipal  ordinance  permitting  a  fine  of  not  less 
than  twenty  and  not  m(»n>  llian  one  thous;in<l  dollars 
for  visiting  a  house  of  ill-fame  is  unreasonable,  and 


247  CONSTITUTION  OF  1879.       Art.  XI,  §  11 

not  in  harmony  with  tlie  general  law.    (In  re  Ah  You, 
88  Cal.  99,  25  "Pac.  974.) 

Valid  ordinances. — In  accordance  with  tlie  forego- 
ing general  principles,  the  following  ordinances  have 
been  held  valid  as  police  and  sanitary  measures:  An 
ordinance  for  the  removal  of  shade  trees  growing 
in  the  sidewalks  of  public  streets  (Vanderhurst  v. 
Tholcke,  113  Cal.  147.  45  Pac.  2G6);  an  ordinance 
providing  for  a  sewer  farm  outside  of  a  city  (McBean 
V.  Fresno,  112  Cal.  159,  44  Pac.  358);  an  ordinance 
prohibiting  the  conducting  of  any  carpet-beating  ma- 
chine within  one  hundred  feet  of  any  church,  school- 
house,  residence,  or  dwelling-house  (Ex  parte  Lacey, 
108  Cal.  326,  41  Pac.  411);  an  ordinance  providing 
for  the  improvement  of  the  channel  and  banks  of  a 
river  passing  through  the  city  (De  Baker  v.  Railway 
Co.,  100  Cal.  257,  39  Pac.  610);  a  city  ordinance  for- 
bidding the  beating  of  drums  in  the  traveled  streets 
of  a  city,  without  the  permission  of  the  president 
of  the  board  of  trustees  (In  re  Flaherty,  105  Cal.  5.58, 
38  Pac.  981);  an  ordinance  providing  that  no  liquor 
license  shall  be  granted  to  any  person  who  has  con- 
ducted the  business  of  selling  liquors  in  any  plnce 
where  females  are  employed  (Foster  v.  Police 
Commrs.,  102  Cal.  483,  37  Pac.  763);  an  ordinance 
providing  that  no  license  shall  be  issued  to  persons 
engaged  in  the  sale  of  liquors  in  dance-cellars  or 
dance-halls,  or  in  places  where  musical,  theatrical,  or 
other  public  exhibitions  are  given,  and  where  females 
attend  as  waitresses  (Fx  parte  Hayes,  98  Cal.  555,  33 
Pac.  337);  an  ordinance  fixing  the  license  for  conduct- 
ing a  saloon  where  females  are  employed  and  where 
intoxicating  liquors  are  sold  in  less  quantities  than 
one  quart  at  a  higher  rate  than  a  license  for  conduct- 
ing a  saloon  where  females  are  not  employed  (Ex 
parte  Felchlin,  96  Cal.  360,  31  Pac.  224.  approving 
opinion  of  McKinstry,  J.,  in  Matter  of  Maguire.  57 
Cal.  604);  a  city  ordinance  prohibiting  the  selling  of 
pools  on  horseraces,  except  within  the  inclosure  of 
a  racetrack  where  the  race  is  to  be  run  (Ex  parte 
Tuttle,  91  Cal.  589,  27  Pac.  933);  an  ordinance  mak- 
ing the  issuance  of  a  liquor  license  depend  upon 
the  permission  of  a  majority  of  the  police  commission^ 
ers  or  the  approval  of  twelve  property  owners  in  the 


Art.  XI,  §  11       CONSTITUTION  OF  1879.  248 

block  in  which  the  business  is  carried  on  (Ex  parte 
Christensen,  85  Cal.  208,  24  Pac.  747);  an  act  provid- 
ing for  the  exclnsion  of  all  uuvaccinated  children 
from  the  public  schools  (Abeel  v.  Clark.  84  Cal.  22(!, 
24  Pac.  383);  a  city  ordinance  making  it  nuhnvful  to 
visit  a  place  for  the  practice  of  gambling  (,Ex  parte 
Lane,  7t!  Cal.  587,  18  Pac:  677);  an  ordinance  pro- 
hibiting the  maintenance  vrithin  the  city  limits  of  any 
tippling-honse.  dramshop,  or  barroom,  where  spiritu- 
ous liquors  are  sold  or  given  away  (Ex  parte  Camp- 
bell, 74  Cal.  20,  15  Pac.  318);  an  ordinance  which 
prohibits  any  person,  for  the  purpose  of  prostitution, 
to  visit  any  building  kept  for  the  purpose  of  prostitu- 
tion (Ex  parte  Johnson,  73  Cal.  228,  15  Pac.  43);  an 
ordinance  prohibiting  the  alteration  or  repair  of  any 
wooden  building  within  certain  designated  tire  lim- 
its, without  permission  of  the  fire  wardens  and  ap- 
proval of  a  majority  of  the  committee  on  fire  depart- 
ment and  the  mayor  (Ex  parte  Fiske,  72  Cal.  125,  13 
Pac.  310);  an  ordinance  prohibiting  the  keeping  of 
more  than  two  cows  within  certain  portions  of  a 
city  (In  re  Linehau,  72  Cal.  114.  13  Pac.  170);  an  or- 
dinance prohibiting  the  carrying  on  of  a  public 
laundry  within  the  city  limits,  except  within  pre- 
scribed boundaries  (In  re  Hang  Kie.  00  Cal.  149.  10 
Pac.  327);  an  ordinance  prohibiting  the  carrying  on  of 
a  laundry  without  tlie  consent  of  tlie  board  of  super- 
visors, except  in  a  brick  or  stone  building  iln  re 
Yick  Wo.  OS  Cal.  204.  0  Pac.  130);  an  ordinance  pro- 
viding that  all  buildings  used  as  laundries  sliall  be 
constructed  but  one  story  in  height,  Avith  brick  or 
stone  walls,  and  Avith  metal  roofs,  doors,  and  window 
shutters  (Ex  parte  White,  07  Cal.  102.  7  Pac.  180); 
a  provision  of  a  city  chdrter  prohil)lting  the  slaughter- 
ing of  animals  and  tlie  maintennvuc  of  shinuhter- 
houses  within  the  city  (Ex  parte  Ileilbron.  05  Cal. 
009,  4  Pac.  048);  an  ordinance  making  it  unlawful 
for  any  person  to  conduct  a  laundry  within  certain 
limits,  without  a  certificate  from  the  hoallli  otticer 
as  to  its  sanitary  con(ntio!i,  and  a  ccrtilicato  from 
one  of  tlio  fire  wardens  as  to  the  condition  of  the 
heating  api)liances,  and  forbidding  the  operation  of 
s\ny  laundry  between  10  1'.  M.  and  (i  A.  ISI.,  or  on 
Sundays  (Ex  parte  Moynier,  05  Cal.  33,  2  Pac.  728); 


249  CONSTITUTION  OF  1879.       Art.  XI,  §  11 

an  ordinance  prohibiting  the  utterance  of  profane 
language  in  tlie  hearing  of  two  or  more  persons  (Ex 
parte  Delaney,  43  Cal.  478);  an  ordinance  forbidding 
the  sale  of  millv  of  cows  fed  upon  still  slops,  etc. 
(Johnson  v.  Simonton,  43  Cal.  242);  an  ordinance 
making  it  unlawful  to  play  upon  any  musical  instru- 
ment, etc.,  in  any  saloon,  etc.,  after  midnight  (Ex 
parte  Smith  &  Keating,  38  Cal.  702);  an  ordinance 
making  it  unlawful  for  any  female  to  be  in  any 
saloon,  etc.,  after  midnight  (Ex  parte  Smith  &  Keat- 
ing, 38  Cal.  702);  an  ordinance  providing  that  no 
person  shall  establish  or  maintain  any  slaughter- 
house, keep  herds  of  more  than  five  swine,  keep  or 
cure  hides,  slaughter  cattle,  etc.,  in  any  part  of  the 
city  and  county  (Ex  parte  Shrader,  33  Cal.  279);  an 
ordinance  making  it  unlawful  for  any  person  to  have 
in  his  possession  any  lottery  ticket,  etc.  (Ex  parte 
McClain,  22  Cal.  Dec.  382.) 

Invalid  ordinances.— On  the  other  hand,  the  fol- 
lowing ordinances  have  been  held  to  be  invalid  as 
police  and  sanitary  measures:  A  county  ordinance 
forbidding  the  shipment  of  game  from  the  county  in 
which  it  has  been  lawfully  killed  (Ex  parte  Knapp, 
127  Cal.  101.  50  Pac.  315);  a  county  ordinance  making 
it  unlawful  to  establish,  extend,  or  enlarge  any  ceme- 
tery within  the  county,  but  permitting  burials  in 
cemeteries  already  established  (Los  Angeles  v.  Holly- 
wood Cem.  Assn..  124  Cal.  344,  57  Pac.  15.3);  a  mu- 
nicipal ordinance,  not  prohibiting  all  burials  within 
the  city,  but  merely  prohibiting  further  purchases  of 
cemeterv  lots,  and  allowing  burials  in  !ots  .ilready 
purchased  (Ex  parte  Bohen.  115  Cal.  372,  47  Pac.  55): 
an  ordinance  regulating  rates  of  transportation  of  a 
street  railwav  outside  of  the  city  limits  (South  Pasa- 
dena V.  Terminal  Ry.  Co..  109  Cal.  315,  41  Pac.  1093); 
a  county  ordinance  providing  that  all  insane  asylums 
shall  be  constructed  of  either  brick,  iron,  or  stone, 
and  surrounded  by  a  briclv  or  stone  wall,  that  they 
shall  not  be  within  four  hundred  yards  of  any  dwell- 
ing or  school,  that  only  one  class  of  persons  shall  be 
treated  in  the  same  building,  and  that  male  and 
female  patients  shall  not  be  cared  for  in  the  same 
building  (Ex  parte  Whitwell,  98  Cal.  73.  32  Pac.  870); 
an  ordinance  prohibiting  the  carrying  on  of  a  public 


Art.  XI,  §  11       cojfSTiTUTiON  OF  1879.  250 

laundry  within  the  corporate  limits  of  the  town,  ex- 
cept in  certain  specified  blocks  thereof,  without  a 
written  permit  from  the  board  of  trustees,  and  the 
written  consent  of  a  ma.iority  of  the  real  property 
owners  within  the  block  in  which  the  business  is  to 
be  carried  on,  and  also  of  the  four  blocks  immediately 
surrounding  the  same  (Ex  parte  Sing  Lee.  96  Cal. 
354,  31  Pac.  245):  an  ordinance  requiring  all  occupants 
of  lands  within  ninety  days  to  exterminate  and  de- 
stroy the  ground-squirrels  on  their  respective  lands 
(Ex  parte  Hodges.  87  Cal.  162,  25  Pac.  277):  an  or- 
dinance making  it  unlawful  for  any  contractor  per- 
forming work  for  the  city  to  employ  any  person  to 
v."ork  more  than  eight  hours  a  day,  or  to  employ 
Chinese  labor  (Ex  parte  Kuback.  85  Cal.  274.  24  Pac. 
737);  an  ordinance  intended  to  discriminate  in  favor 
of  sportsmen  and  against  all  other  persons  in  re- 
spect to  the  disposition  of  game  lawfully  killed  (Ex 
parte  Knapp.  127  Cal.  101.  59  Pac.  315):  an  ordinance 
prohibiting  the  employment  of  females  in  dance-halls, 
etc.  CMatter  of  ^Nlaguire.  57  Cal.  604.  But  see  Ex 
parte  Felchlin,  90  Cal.  300,  31  Pac.  224.) 

License  regulations. — An  ordinance  reqiiiring  a 
license  tax  from  all  peddlers  of  meat,  fish,  vegetables, 
fruit,  srame.  poultiy,  etc.,  is  valid.  (Ex  parte  Hevl- 
man.  92  Cal.  492.  28  Pac.  075.) 

An  ordinance  requiring  a  license  to  be  obtained  by 
every  person  who  at  a  fixed  place  of  Inisiness  sells 
any  goods,  etc.,  is  authorized  by  this  section.  (Ex 
parte  Mount,  00  Cal.  448,  0  Pac.  78:  8an  Luis  Obispo 
V.  Greenborg.  120  Cal.  300.  52  Pac.  797.) 

An  ordinance  imposing  upon  traveling  salesmen  .a 
license  tax  of  fifty  dollars  per  quarter  is  valid,  al- 
though a  less  amount  is  imposed  upon  those  M-ho  sell 
at  a  fixed  place  of  business.  (Ex  parte  Haskell,  112 
Cal.  412.  44  Pac.  725.) 

An  ordinance  requiring  all  persons  engaged  in  the 
business  of  raising,  grazing,  lierding.  or  pasturing 
sheep  in  the  county  to  pay  an  annual  license  of  lifty 
dollars  for  every  Ihousjind  sheep  is  valid.  (Ex  parte 
Mirande,  73  Cai.  305.  14  Pac.  888.) 

An  ordinance  levying  a  license  tax  upon  all  sheep 
which  are  p;isttn-ed  in  the  count.v.  excejtt  slieep  listed 
as  taxable  projjerty  in  tiie  count.v,  and  upon   which 


251  CONSTITUTION  OF  1879.       Art.  XI,  §  11 

taxes  are  paid,  is  not  a  valid  police  rejjnlation.  (Las- 
sen Co.  V.  Cone,  72  Cal.  387,  14  Pac.  100.) 

A  municipal  ordinance  which,  under  the  guise  of 
a  revenue  measure,  attempts  to  put  an  end  to  the 
issue  of  trading  stamps,  by  levying  an  excessive  tax 
upon  that  business,  however  small  their  monthly 
sales,  assuming  to  exact  from  them  a  tax  eight  times 
that  required  of  merchants  doing  the  largest  busi- 
ness, is  unreasonable  and  void.  (Ex  parte  McKenna, 
126   Cal.    420.   .58   Pac.   910.) 

An  ordinance  requiring  a  license  fee  of  fifty  dollars 
a  month  for  carrying  on  a  saloon,  where  liquors  are 
sold  or  given  away  in  quantities  less  than  a  gallon, 
will  not  be  presumed  to  be  oppressive,  unreasonable, 
or  prohibitory  of  trade.  (In  re  Guerrero,  C9  Cal.  88, 
10  Pac.  2G1.) 

A  county  may  impose  a  license  tax  upon  the  sale 
of  spirituous  liquors.  (Ex  parte  Wolters,  G5  Cal.  2G9, 
3  Pac.  894.) 

An  ordinance  making  it  a  misdemeanor  to  sell 
liquors  without  a  license  is  a  valid  police  regulation. 
(In  re  Stuart.  Gl  Cal.  374.) 

An  ordinance  establishing  a  license  tax  of  twenty- 
five  dollars  a  month  for  the  sale  of  spirituous  and 
fermented  liquors  is  not  unreasonable,  oppressive,  or 
in  restraint  of  trade.  (Ex  parte  Benninger,  64  Cal. 
291,  30  Pac.  846.) 

A  county  ordinance  providing  a  smaller  license  tax 
for  the  sale  of  spirituous  liquors  at  wayside  inns  and 
rural  watering  places  than  when  sold  in  a  city  is 
not  unlawful  as  unreasonable,  oppressive,  or  in  re- 
straint of  trade.  (Amador  Co.  v.  Kennedy,  70  Cal. 
4.j8,  11  Pac.  757.) 

The  same  is  true  of  an  ordinance  imposing  a  higher 
tax  upon  such  saloons.  (Ex  parte  Stephen,  114  Cal. 
278,  46  Pac.  86.) 

An  ordinance  imposing  an  annual  tax  of  two  hun- 
<lred  dollars  upon  the  business  of  selling  spirituoiis 
liquors  within  the  city  limits  is  valid.  (Ex  parte  Mc- 
Nally,  73  Cal.  632.  15  Pac.  368.) 

An  ordinance  providing  that  a  liquor  license  can 
only  be  obtained  upon  petition  to  the  city  council  of 
the  applicant,  accompanied  by  a  certificate  of  five 
respectable   citizens   of   the   neighborhood    in   which 


Art.  XI,  §  12       coxsTiTUTiON  OF  1879.  252 

the  business  is  to  be  conducted  as  to  his  character, 
and  upon  a  determination  by  the  board  that  he  is 
qualified  to  carry  on  the  business,  is  valid.  (In  re 
Blclierstaff,  70  Cal.    35.  11  Pac.  393.) 

An  ordinance  purporting  to  regulate  the  business  of 
selling  liquors,  but  in  fact  prohibiting  the  sale  thereof, 
cannot  be  upheld.  (Merced  Co.  v.  Flemming,  111  Cal. 
46,  43  Pac.  392.) 

An  ordinance  imposing  a  license  tax  for  carrying 
on  the  "business"  or  "occupation"  of  retail  liquor 
dealer  in  a  "retail  liquor  establishment."  is  a  tax  upon 
the  business  and  not  upon  the  articles  sold.  (I>os 
Angeles  v.  Eikenberry,  131  Cal.  461.) 

A  county  ordinance  imposing  a  liquor  license  tax 
of  thirteen  dollars  per  mouth  is  reasonable.  (Los 
Angeles  v.  Eikenberry,  131  Cal.  461.) 

Sec.  12.  The  legislature  shall  have  no  power 
to  impose  taxes  upon  counties,  cities,  towns,  or 
other  public  or  municipal  corporations,  or  upon 
the  inhabitants  or  property  thereof,  for  county, 
city,  town,  or  other  municipal  purposes,  but  may, 
by  general  laws,  vest  in  the  corporate  authorities 
thereof  the  power  to  assess  and  collect  taxes  for 
such  purposes. 

TAXATION  FOR  MUNICIPAL  PURPOSES  — 
Under  this  section  tlio  wliole  subject  of  county  and 
municipal  taxes  for  local  purposes  is  relegated  to  the 
corporate  authorities  thereof,  and  the  legislature  has 
no  power  to  impose  any  tax  whatever  within  those 
territories  for  local  purposes.  (San  Francisco  v.  In- 
surance Co.,  74  Cal.  113,  1,5  I'ac.  380.) 

The  legislature  cannot  directly  exercise  the  power 
of  assessment  within  an  incori)orated  city,  but  may 
empower  the  municipal  authorities  to  do  so.  (People 
V.  Lynch,  51  Cal.  15.) 

The  legislature  has  power  to  direct  and  control  the 
affairs  and  i)r()]>erty  of  a  miuiicipal  corjioratioii  for 
municipal  purjioses,  and  may  for  sncli  purposes  so 
control  its  affairs  by  appropriate  legislation  as  ulti- 


253  CONSTITUTION  OF  1870.       Art.  XI,  §  12 

mately  to  compel  it.  out  of  the  funds  in  its  treas- 
ury, or  by  taxation,  to  pay  a  demand  which  in  good 
conscience  it  ought  to  pay.  (Sinton  v.  Ashbury,  41 
Cal.  525.) 

The  legislature  may  authorize  the  authorities  of  a 
city  to  purchase  an  agricultural  park,  to  issue  bonds 
in  payment  therefor,  and  to  levy  a  tax  for  the  pay- 
ment of  the  same.  IBank  of  Sonoma  v.  Fairbanks, 
52  Cal.  196.) 

The  power  of  a  county  or  other  public  corporation 
to  impose  taxes  is  only  that  which  is  granted  by  the 
legislature.  (Hughes  v.  Ewing,  93  Cal.  414,  28  Pac. 
1067.) 

The  legislature  cannot  impose  a  tax  upon  the  prop- 
erty or  inhabitants  of  a  school  district,  without  leav- 
ing any  discretion  in  regard  thereto  to  the  local  au- 
thorities. (McCabe  v.  Carpenter,  102  Cal.  469,  36  Pac. 
836.) 

A  local  board  cannot  be  authorized  to  levy  local 
taxes  and  assessments  for  a  general  public  purpose. 
(People  V.  Parks,  58  Cal.  624.) 

The  act  of  1876,  authorizing  the  construction  of  a 
bridge,  and  declaring  that  the  cost  should  be  assessed 
upon  certain  specified  lands,  and  providing  for  a  com- 
mission to  apportion  the  cost,  was  held  constitutional. 
(Pacific  Bridge  Co.  v.  Kirkham,  64  Cal.  519,  2  Pac. 
409.) 

An  act  providing  for  the  completion  of  the  city 
hall  in  San  Francisco,  and  providing  that  the  work 
should  only  be  done  after  the  board  of  supervisors 
declare  that  they  deem  the  work  expedient,  is  not  vio- 
lative of  this  section.  (People  v.  Bartlett,  67  Cal. 
156.  7  Pac.  417.) 

This  section  does  not  prevent  a  city  from  provid- 
ing in  a  freeholders'  charter  for  taxation  for  mu- 
nicipal purposes.  (Security  Sav.  etc.  Co.  v.  Hinton,  97 
Cal.  214,  32  Pac.  3.) 

The  words  "corporate  authorities  thereof"  are  to 
be  construed  distributively  as  referring  to  the  gov- 
erning body  of  each  of  the  several  municipalities  and 
quasi  municipalities  referred  to  in  the  section,  and 
as  importing  the  legislative  department  of  the  mu- 
nicipality onlv.  (Board  of  Education  v.  Board  of 
Trustees,  129  Cal.  599,  62  Pac.  173.) 
Constitution — 22 


Art.  XI,  §  12       CONSTITUTION  OF  1879.  254 

The  provision  of  the  fee  bill  of  1S05,  requiring 
the  payment  of  one  dollar  for  each  one  thousand 
dollars,  in  excess  of  three  thousand  dollars,  of  the 
appraised  value  of  an  estate,  upon  the  filing  of  the 
inventory,  is  in  violation  of  this  section.  (Fatjo  v. 
Pfister,  117  Cal.  83,  48  Pac.  1012.) 

An  act  requiring  foreign  insurance  corporations  to 
pay  to  the  county  treasurer  a  certain  proportion  of 
premiums  received  by  them,  to  constitute  a  firemen's 
relief  fund,  to  be  under  the  control  of  the  fire  com- 
missioners, is  in  violation  of  this  section.  (San  Fran- 
cisco V.  Insurance  Co.,  74  Cal.  113,  15  Pac.  380.) 

An  act  validating  a  void  assessment  is  contrary  to 
the  provisions  of  this  section.  (Brady  v.  King,  53 
Cal.  44;  Taylor  v.  Palmer,  31  Cal.  240;  People  v. 
Lynch,  51  Cal.  15;  Schumaker  v.  Tobprman,  56  Cal. 
508;  Fanning  v.  Schammel,  68  Cal.  428,  9  Pac.  427; 
Kelly  V.  Luning,  76  Cal.  309,  18  Pac.  335.) 

An  act  requiring  the  trustees  of  a  swamp  land 
reclamation  district  to  make  up  a  sworn  statement 
of  the  cost  of  the  reclamation  work,  "based  upon  the 
books  and  vouchers  thereof,"  and  requiring  the 
amount  so  reported  to  be  assessed  upon  the  lands  of 
the  district,  is  violative  of  the  provisions  of  this  sec- 
tion.    (People  V.  Houston,  54  Cal.  536.) 

The  act  of  1891,  permitting  the  organization  and 
creation  of  sanitary  districts,  is  not  in  violation  of 
this  section,  since  such  districts  do  not  necessarily 
include  municipal  corporations.  (Woodward  v.  Fruit- 
vale  Sanitary  Dist.,  99  Cal.  554,  34  Pac.  239.) 

An  act  authorizing  the  county  superintendent  of 
schools  to  furnish  the  board  of  supervisors  an  esti- 
mate of  a  tax,  and  making  it  the  duty  of  the  board 
to  proceed  to  fix  a  rate  which  will  realize  the  amount 
of  the  estimate,  is  void.  (McCabe  v.  Carpenter,  102 
Cal.  469,  36  Pac.  836.) 

This  section  does  not  invalidate  the  provisions  of 
the  Political  Code  making  the  city  of  Eureka  liable 
for  the  expense  of  work  on  Humboldt  hay  outside  of 
the  city — that  provision  having  been  enacted  prior  to 
the  new  constitution.  (Quigg  v.  Evans,  121  Cal.  546, 
53   Pac.   109^> 

License  taxes.— .\  license  tHx  graduated  acoordini,' 
to  the  amount  of  the  monthly  sales  of  the  merchanx 


255  constitutioin^  of  1879.       Art.  XI,  §  12 

is  valid,  since  it  applies  uniformly  to  all  persons 
in  the  same  category.  (Sacramento  v.  Crocker,  16 
Oal.  119.) 

A  law  imposing  upon  a  person  residing  in  a  given 
section  of  the  state  a  license  as  a  merchant  without 
reference  to  his  occupation  would  be  void.  (Ex  parte 
Ah  Pong,  19  Cal.  lOG.) 

Under  this  section  a  municipality  may  impose  a 
license  tax  for  the  purpose  of  revenue.  (In  re  Guer- 
rero, 69  Cal.  88,  10  Pac.  261.) 

This  section  authorizes  the  imposition  by  a  county 
of  a  license  tax  on  the  sale  of  spirituous  liquors  and 
the  appointment  of  a  suitable  person  to  collect  the 
same.     (In  re  Lawrence,  69  Cal.  608,  11  Pac.  217.) 

A  license  imposed  by  the  legislature  for  carrying 
on  the  business  of  selling  goods,  etc.,  at  a  fixed  place 
of  business,  is  a  "tax"  within  the  meaning  of  this 
sectiou.  and,  being  for  county  purposes,  is  in  viola- 
tion of  this  section.     (People  v.  Martin,  60  Cal.  153.) 

A  county  ordinance  imposing  a  license  tax  upon 
every  person  engaged  in  the  business  of  raising,  graz- 
ing, herding,  or  pasturing  sheep,  etc.,  within  the 
county,  is  authorized  by  this  section.  (El  Dorado  v. 
Meiss,  100  Cal.  268,  34  Pac.  716.) 

The  fact  that  such  ordinance  applies  to  nonresidents 
as  well  as  residents,  instead  of  being  an  objection 
to  the  validity  of  the  tax,  is  essential  to  sustain  its 
validity.  (El  Dorado  v.  Meiss,  100  Cal.  268,  34  Pac. 
716.) 

A  city  ordinance  regulating  liquor  licenses,  and  a 
section  of  the  city  charter  giving  the  city  a  remedy 
by  civil  action  in  any  case  where  a  person,  required 
by  any  ordinance  to  inke  out  a  license  and  to  pay 
tiaerefor,  shall  fail  to  do  so.  are  not  in  conflict  with 
this  section.  (Sacramento  v.  Dillman,  102  Cal.  107, 
36  Pac.  385.) 

When  the  right  to  collect  a  license  tax  by  suit  is 
limited  to  instances  in  which  the  persons  commenced 
some  "business,"  no  action  can  be  maintained  to  re- 
cover a  license  tax  for  the  sale  of  intoxicating  liquors, 
since  such  sale  is  not  a  business.  (Merced  Co.  v. 
Helm^  102  Cal.  159,  36  Pac.  399.) 

But  an  ordinance  requiring  "every  person  who  in 
any  saloon,  etc.,  sells  or  gives  away"  any  iutoxicat- 


Art.  XI,  §  13       CONSTITUTION  OF  1879.  256 

ing  liquor  to  pay  a  license  tax,  should  be  construed 
as  a  tax  upon  the  business.  (Ex  parte  Mansfield,  lOG 
Cal.  400,  39  Pac.  775.  Merced  Co.  v.  Helm,  102  Cal. 
159,  36  Pac.  399,  distinguished.  See,  also,  Ex  parte 
Seube,  115  Cal.  629,  47  Pac.  596.) 

Where  a  county  passed  an  ordinance  requiring  a 
high  license  tax  for  the  sale  of  intoxicating  liquors, 
but  fixing  no  penalty  for  engaging  in  the  business, 
the  ordinance  is  not  to  be  regarded  as  the  exercise 
of  the  police  power,  but  as  a  revenue  measure.  (Mer- 
ced Co.  V.  Helm,  102  Cal.  159,  36  Pac.  399.) 

A  county  ordinance  imposing  a  license  for  revenue 
on  the  business  of  liquor  dealer  is  valid,  and  such 
license  may  be  collected  within  cities.  (Ex  parte 
Mansfield,  106  Cal.  400,  39  Pac.  775;  Ventura  Co.  v. 
Clay.  112  Cal.  65,  44  Pac.  4SS.) 

This  section  does  not  prohibit  the  legislature  from 
enacting  a  law  preventing  counties,  cities,  etc.,  from 
levying  and  collecting  a  license  tax  for  revenue.  (Ex 
parte  Pfirrman,  22  Cal.  Dec.  411.) 

Sec.  13.  The  legislature  shall  not  delegate  to 
any  special  commission,  private  corporation,  com- 
pany, association,  or  individual,  any  power  to 
make,  control,  appropriate,  supervise,  or  in  any 
way  interfere  with,  any  county,  city,  town,  or 
municipal  improvement,  money,  property,  or  ef- 
fects, wliether  held  in  trust  or  otherwise,  or  to 
levy  taxes  or  assessments,  or  perform  any  munici- 
pal functions  whatever. 

MUNICIPAL  FUNDS.— This  section  is  prospec- 
tive, and  ap])lies  only  to  legislation  en.Tcted  after 
Its  ado})tion.  (Commissioners  v.  Trustees,  71  Cal. 
310,  12  Pac.  224.) 

The  legislature  m.iy  direct  a  municipality  to  audit 
and  allow  claims  Mg.iiiist  tlie  municii)allty.  (Peojjle 
y.  Supervisors,  31  Cal.  206.) 

Tiiis  section  (Minally  forl)ids  the  legislature  from 
delegating  to  a   municipal  corporation  power  to  do 


257  CONSTITUTION  OF  1879.       Art.  XI,  §  13 

what  the  legislature  is  itself  forbidden  from  doins? 
by  this  section.  (Yarnell  v.  Los  Angeles,  87  Cal.  60.3, 
25  Pac.  7G7.) 

The  legislature  has  no  control  over  funds  of  .i 
municipality  except  to  appropriate  them  for  muniri- 
pal  purposes  or  in  satisfaction  of  some  valid  claim 
against  the  municipality.  (Conlin  v.  Supervisors,  114 
Cal.  404,  46  Pac.  279.) 

An  act  creating  a  police  life  and  health  insurance 
fund  does  not  create  a  "special  commission"  within 
the  meaning  of  this  section.  (Pennie  v.  Reis,  80  Cal. 
266,  22  Pac.  176.) 

Where  an  act  leaves  it  discretionary  with  the  local 
legislative  body  whetlier  or  not  the  improvement  shall 
be  made,  but  provides  that,  if  done,  it  shall  be  done 
by  a  commission  created  by  the  act,  it  is  not  in  vio- 
lation of  this  section.  (Lent  v,  Tillson,  72  Cal.  404, 
14  Pac.  71.) 

An  act  providing  for  the  commitment  of  minor 
criminals  to  nonsectarian  charitable  corporations,  the 
expense  of  maintenance  to  be  paid  by  the  county,  is 
not  in  violation  of  this  section.  (Boys'  and  Girls'  Aid 
Soe.  V.  Reis,  71  Cal.  627,  12  Pac.  796.) 

Where  commissioners  to  open  streets  are  simply 
made  the  agents  of  the  municipality,  and  act  under 
the  direction  of  the  city  authorities,  this  section  is 
not  violated.  (Davies  v.  Los  Angeles,  86  Cal.  37,  24 
Pac.  771.) 

The  act  of  1801,  permitting  the  organization  and 
creation  of  sanitary  districts,  is  not  in  conflict  with 
this  section,  since  such  districts  do  not  necessarily 
include  municipal  corporations.  (Woodward  v.  Fruit- 
vale  Sanitary  Dist,  99  Cal.  554,  34  Pac.  239.) 

An  ordinance  providing  that  municipal  bonds  shall 
be  payable  outside  of  the  state,  at  a  bank  in  New 
Yorlc,  is  in  violation  of  this  section.  (Los  Angeles 
V.  Teed,  112  Cal.  319,  44  Pac.  580.) 

But  a  contract  by  the  board  of  supervisors  for  the 
sale  of  bonds  at  par,  to  be  made  payable  at  a  banls 
in  another  county,  does  not  constitute  such  bank  a 
custodian  of  county  funds,  or  the  agent  of  either 
party.     (Mack  v.  Jastro,  126  Cal.  130,  58  Pac.  372.) 

A  statute  conferring  upon  the  supervisors  power  to 
license  individuals  to  take  tolls  on  a  public  road,  as 


Art.  XI,  §§  14-16    coNSTiTUTiox  of  1879.  25S 

compensation  for  keeping  the  road  in  repair,  is  not 
in  violation  of  this  provision.  (Blood  v,  McCarty,  112 
Cal.  561,  44  Pac.  1025.) 

An  act  allowing  county  officers  to  appoint  deputies, 
whose  salaries  are  fixed  by  the  act  and  made  payable 
out  of  the  county  treasury,  is  not  in  violation  of  this 
section.  (Tulare  Co.  v.  Mav,  118  Cal.  303,  50  Pac. 
427.) 

An  act  permitting  the  county  clerk  to  make  the 
compensation  of  the  number  of  deputies  he  may  see 
fit  to  appoint  a  charge  upon  the  county  treasury 
violates  this  section.  (San  Francisco  v.  Broderick. 
125  Cal.  188,  57  Pac.  887.) 

The  authority  given  by  the  Vrooman  Act  to  the 
contractor  to  collect  the  assessment  is  not  a  delega- 
tion of  a  municipal  function.  (Banaz  v.  Smith,  21 
Cal.  Dec.  735.) 

Sec.  14.  No  state  office  shall  be  continued  or 
created  in  any  county,  city,  town,  or  other  mu- 
nicipality, for  the  inspection,  measurement,  or 
graduation  of  any  merchandise,  manufacture,  or 
commodity;  but  such  county,  city,  town,  or  mu- 
nicipality may,  when  authorized  by  general  law, 
appoint  such  officers. 

This  section  abolished  the  office  of  inspector  of 
gas  meters  created  by  section  577  et  seq.  ol"  I  lie 
Political  Code.     (Condict  v.  Police  Court,  59  Cal.  278.) 

Sec.  15.  Private  property  shall  not  be  taken 
or  sold  for  the  payment  of  the  corporate  debt  of 
any  political  or  municipal  corporation. 

Sec.  IG.  All  moneys,  assessments,  and  taxes 
belonging  to  or  collected  for  the  use  of  any  county, 
city,  town,  or  other  pul)lic  or  municipal  corpora- 
tion, coming  into  the  liands  of  any  officer  thereof, 


259  CONSTITUTION  OF  1S79.     Art.  XI,  §§  17, 18 

shall  immediately  be  deposited  with  the  treasurer, 
or  other  legal  depositary,  to  the  credit  of  such 
city,  town,  or  other  corporation  respectively,  for 
the  benefit  of  the  funds  to  which  they  respectively 
belong. 

MUNICIPAL  FUNDS.— This  section  only  relates  to 
tliose  ofticers  wlio  rightfully  or  officially  receive 
money  for  the  county.  (San  Luis  Obispo  v.  Farnum, 
108  Cal.  502,  41  Pac.  445.) 

The  words  "legal  depositary"  do  not  ineludp  a 
private  individual  or  corporation.  (Yarnell  v.  Los 
Angeles,  87  Cal.  G()3,  25  Pac.  767.) 

An  ordinance  providing  that  municipal  bonds  shall 
be  payable  outside  of  the  state,  at  a  banli  in  New 
York,  is  in  violation  of  this  provision.  (Los  Angeles 
V.  Teed,  112  Cal.  310.  44  Pac.  580.) 

Funds  of  a  school  district  are  not  subject  to  the 
control  of  the  county.  (Pacific  etc.  Ins.  Co.  v.  San 
Diego,  112  Cal.  314.  41  Pac.  423,  44  Pac.  571.) 

A  contract  by  a  municipal  corporation  making  the 
bank  which  will  pay  the  highest  rate  of  interest  a 
depository  of  the  public  moneys  of  the  city  is  in  vio- 
lation of  this  section.  (Yarnell  v.  Los  Angeles,  87 
Cal.    G03,   25   Pac.    767.) 

Sec.  17.  The  making  of  profit  out  of  county, 
city,  town,  or  other  public  money,  or  using  the 
same  for  any  purpose  not  authorized  by  law,  by 
any  officer  having  the  possession  or  control  thereof, 
shall  be  a  felony,  and  shall  be  prosecuted  and 
punished  as  prescribed  by  law. 

Sec.  18.  ISTo  county,  city,  town,  township, 
board  of  education,  or  school  districts,  shall  in- 
cur any  indebtedness  or  liability  in  any  manner 
or  for  any  purpose  exceeding  in  any  year  the  in- 


Art.  XI,  §  18       CONSTITUTION  OF  1879.  2G0 

come  and  revenue  provided  for  such  year,  with- 
out the  assent  of  two-thirds  of  the  qualified  elec- 
tors thereof,  voting  at  an  election  to  be  held  for 
that  purpose,  nor  unless  before  or  at  the  time 
of  incurring  such  indebtedness  provision  shall  he 
made  for  the  collection  of  an  annual  tax  suth- 
cient  to  pay  the  interest  on  such  indebtedness  as 
it  falls  due,  and  also  provision  to  constitute  a 
sinking  fund  for  the  payment  of  the  principal 
thereof  on  or  before  maturity,  which  shall  not 
exceed  forty  years  from  the  time  of  contracting 
the  same;  provided,  Jiou'ever,  that  the  city  and 
county  of  San  Francisco  may  at  any  time  pay 
the  unpaid  claims,  with  interest  thereon  at  the 
rate  of  five  per  cent,  per  annum,  for  materials 
furnished  to  and  work  done  for  said  city  and 
county  during  the  forty-first,  forty-second,  forty- 
third,  forty-fourth,  and  fiftieth  fiscal  years,  and 
for  unpaid  teachers'  salaries  for  the  fiftieth  fiscal 
year,  out  of  the  income  and  revenue  of  any  suc- 
ceeding year  or  years,  the  amount  to  be  paid 
in  full  of  said  claims  not  to  exceed  in  the  ag- 
gregate the  sum  of  five  hundred  thousand  dollars, 
and  that  no  statute  of  limitations  shall  apply  in 
any  manner  to  these  claims;  and  provided  further, 
that  the  city  of  Vallojo,  of  Solano  county,  may 
pay  its  existing  indebtedness,  incurred  in  the  con- 
struction, of  its  waterworks,  whenever  two-thirds 
of  the  electors  thereof,  voting  at  an  election  held 
for  that  purpose,  shall  so  decide,  and  that  no 


261  CONSTITUTION  OF  1870.       Art.  XI,  §  18 

statute  of  limitations  shall  apply  in  any  manner. 
Any  indebtedness  or  liability  incurred  contrary  to 
this  provision,  with  the  exceptions  hereinbefore 
recited,  shall  be  void.  [Amendment  adopted  ISTo- 
vember  6,  1900.] 

[AMENDMENT  OP  1892.] 
Sec.  18.  No  county,  city,  town,  township,  board 
of  education,  or  scliool  district,  shall  incur  any  indebt- 
edness or  liability,  in  any  manner,  or  for  any  purpose, 
exceeding  in  any  year  the  income  and  revenue  pro- 
vided for  it  for  such  year  without  the  assent  of  two- 
thirds  of  the  qualified  electors  thereof  voting  at 
an  election  to  be  held  for  that  purpose,  nor  imless, 
before  or  at  the  time  of  incurring  such  indebtedness, 
provision  shall  be  made  for  the  collection  of  an  an- 
nual tax  sufficient  to  pay  the  interest  on  such  indebt- 
edness as  it  falls  due,  and  also  provision  to  constitute 
a  sinking  fund  for  the  payment  of  the  principal  there- 
of on  or  before  maturity,  which  shall  not  exceed  forty 
years  from  the  time  of  contracting  the  same.  Any 
indebtedness  or  liability  incurred  contrary  to  this 
provision  shall  be  void.  [Ratification  declared  Decem- 
ber 30,  1892.] 

[ORIGINAL  SECTION.] 
Sec.  18.  No  county,  city,  town,  township,  board 
of  education,  or  school  district,  shall  incur  any  indebt- 
edness or  liability  in  any  manner  or  for  any  purpose, 
exceeding  in  any  year  the  income  and  revenue  pro- 
vided for  it  for  such  year,  without  the  assent  of  two- 
thirds  of  the  qualified  electors  thereof  voting  at  an 
election  to  be  held  for  that  purpose,  nor  unless,  be- 
fore or  at  the  time  of  incurring  such  indebtedness, 
provision  shall  be  made  for  the  collection  of  an  an- 
nual tax  sufficient  to  pay  the  interest    on    such  in- 


Art.  XI,  §  18       coNSTiTUTiox  OF  1879.  2G2 

debtedness  as  it  falls  due,  and  also  to  constitute  a 
sinliing  fund  for  the  payment  of  the  principal  thereof 
within  tM^enty  years  from  the  time  of  contracting 
the  same.  Any  indebtedness  or  liability  incurred  con- 
trary to  this  provision  shall  be  void. 

MUNICIPAL  INDEBTEDNESS.— This  provision  is 
to  be  naturally  and  reasonably  construed  as  pro- 
viding that  all  legitimate  indebtedness  of  the  mu- 
nicipality must  not  exceed  all  the  revenues  and  in- 
come provided  for  that  year.  (Higgins  v.  San  Diego, 
131  Cal.  294.) 

It  refers  only  to  the  acts  or  contracts  of  the  city 
and  not  to  liabilities  which  the  law  may  cast  upon 
her.  (McCraken  v.  San  Francisco.  16  Cal.  591;  Lewis 
v.  Widber,  99  Cal.  412,  33  Pac.  1128.) 

It  does  not  apply  to  the  payment  of  the  salaiT  of 
a  public  officer,  whose  office  has  been  created  and 
salarv  fixed  by  law.  (Lewis  v.  Widber,  99  Cal.  412. 
33  Pac.  1128.) 

It  does  not  apply  to  the  obligation  of  a  city  to 
return  money  which  she  has  received  by  mistake  or 
without  authority  of  law.  (Argenti  v.  San  Fran- 
cisco, 16  Cal.  25.^.) 

Under  this  section  no  indebtedness  or  liability  can 
be  incurred  by  a  municipality  (except  in  the  manner 
therein  provided),  exceeding  in  any  year  the  income 
and  revenue  actually  i-eceived  by  it.  Each  year's  in- 
come and  revenue  must  pay  each  year's  indebtedness 
and  liability,  and  no  indebtedness  or  lialiility  incurred 
in  any  one  yenr  can  be  paid  out  of  the  income  of  any 
future  year.  (San  Francisco  Gas  Co.  v.  Brickwedel, 
62  Cal. '641;  Schwnrtz  v.  Wilson.  75  Cal.  502.  17  Pao. 
449;  Smith  v.  Broderick,  107  Cal.  644.  40  Pac.  1033; 
Weaver  v.  San  Francisco,  111  Cal.  319.  43  Pac.  972; 
Montague  v.  English,  119  Cal.  225.  51  Pac.  327.) 

The  fact  that  tlie  obligation  is  reduced  to  .iudg- 
ment  and  a  special  tax  levied  and  collected  for  its 
pavraent  does  not  alter  the  case.  (Smith  v.  Bi-od- 
erick,  107  Cal.  644.  -10  Pac.  lOX',:  Goldsmith  v.  San 
Francisco.  115  Cal.  36.  4(5  Pac.  816.) 

A  creditor  of  the  city  does  not  acquire  a  right  to 
be  paid  out  of  the  income  for  any  subsequent  year 
on  the  ground  that  the  funds  were  depleted   by  a 


263  CONSTITUTION  OF  1879.       Art.  XI,  §  IS 

large  excess  in  the  expenses  of  a  general  election 
over  the  estimate  made  by  the  supervisors.  (Weaver 
V.  San  Franci&co,  111  Cal.  319,  43  Pac.  972.) 

The  income  provided  for  a  county  during  a  given 
fiscal  year  must  be  npplied  to  the  payment  of  the 
county  indebtedness  incurred  during  such  year,  be- 
fore the  payment  of  any  indebtedness  of  a  preceding 
jear  can  be  made  tlierefrom.  (Shaw  v.  Statler,  74 
Cal.  258,  15  Pac.  8.33.) 

Moneys  of  a  previous  fiscal  year,  remaining  in  the 
treasury  in  a  sulisequent  year,  are  not  part  of  the 
fund  of  that  subsequent  year,  but  they  remain  a 
part  of  the  fund  of  the  previous  year,  and  a  claimant 
of  that  fund  cannot  be  robbed  of  his  due  by  a  techni- 
cal transfer.  (Bilby  v.  McKenzie,  112  Cal.  113,  44 
Pac.  341.) 

Where  the  revenue  of  one  fiscal  year  has  been  ex- 
hausted, the  city  officers  cannot,  for  the  purpose  of 
pi'oviding  for  the  present  needs  of  the  municipality 
during  the  remainder  of  the  year,  incur  debts  to  be 
met  in  a  subsequent  year,  except  in  the  manner  pro- 
vided in  this  section.  (Bradford  v.  San  Francisco, 
112   Cal.   537,   44   Pac.  912.) 

This  section  does  not  prohibit  the  auditing  of  de- 
mands for  salaries,  although  the  aggregate  amount 
of  the  salaries  for  a  given  year  would  exceed  the 
amount  limited  by  the  board  of  supervisors  for  the 
payment  of  such  salaries  during  that  year.  (Welch 
V.  Strother,  74  Cal.  413,  10  Pac.  22.) 

This  section  does  not  apply  to  irrigation  districts. 
(In  re  Madera  Irr.  Dist.,  92  Cal.  296,  28  Pac.  272.) 

A  contract  for  future  annual  payments  for  a  sewer 
farm  is  not  a  present  liability.  (McBean  v.  Fresno, 
112  Cal.  159.  44  Pac.  3-58;  Smilie  v.  Fresno,  112  Cal. 
311,  44  Pac.  5.56;  Higgins  v.  San  Diego  Water  Co.,  118 
Cal.  524.  45  Pac.  824,  50  Pac.  670.) 

Sections  4445  to  4449  of  the  Political  Code  are  not 
in  conflict  with  this  section,  since  they  only  provide 
for  a  change  in  the  form  of  the  evidence  of  the  in- 
debtedness, and  not  for  the  creation  of  new  indebt- 
edness. (Los  Angeles  v.  Teed,  112  Cal.  319,  44  Pac. 
580.) 

An  action  by  a  taxpayer  will  lie  to  enjoin  the  offi- 
cers of  a  city   from   incurring  any  indebtedness   in 


Art.  XI,  §  18       CONSTITUTION  OF  1879.  204 

violation  of  tliis  provision.  (Bradford  v.  San  Fran- 
cisco, 112  Cal.  537,  44  Pac.  912.) 

A  claim  arising  under  a  contract  for  the  burial  of 
the  indigent  dead  is  within  this  provision.  (Pacific 
"Undertakers  v.  Widber.  113  Cal.  201,  45  Pac.  273.) 

The  fact  that  the  indebtedness  is  incurred  for  an 
Tirgent  necessity  will  not  take  the  case  out  of  this 
provision.     (Buck  v.  Eureka,  119  Cal.  44.  50  Pac.  1065.) 

Notwithstanding  this  provision,  a  judgment  against 
a  municipality  should  be  in  form  a  general  judgment, 
although  it  and  the  liability  on  which  it  is  based 
can  only  be  paid  out  of  the  municipal  revenues  of 
the  fiscal  year  in  which  the  liability  was  incurred. 
(Buck  V.  Eureka.  119  Cal.  44,  50  Par.  10C-^^ 

An  implied  liability  of  a  city  is  within  the  pro- 
hibition of  this  section.  (Buck  v.  Eureka.  124  Cal. 
m.    56   Pac.    612.) 

An  implied  liability  for  services  rendered  by  an  at- 
torney of  the  city  is  incurred  when,  from  time  to 
time,  the  services  were  fully  rendered,  and  the  city, 
with  knowledge,  accepted  the  benefit  of  them.  (Buck 
V.  Eureka,  124  Cal.  61.  56  Pac.  612.) 

In  an  action  concerning  the  validity  of  a  municipal 
obligation,  it  is  error  to  reject  evidence  of  the  con- 
dition of  the  treasury  at  the  time  it  was  incurred. 
(Buck  V.  Eureka,  121  Cal.  61,  56  Pac.  612.) 

Although  there  may  be  no  money  in  the  fund  out 
of  which  a  liability  is  payable  at  the  time  it  is  cre- 
ated, still,  if  at  the  end  of  the  fiscal  year  there  is 
money  in  such  fund,  it  may  be  applied  to  such  lia- 
bility.    (Higgins  V.  San  Diego.  131  Cal.  294.) 

This  section  only  requires  the  assent  of  two-thirds 
of  such  electors  as  vote  on  the  proposition  of  in- 
curring the  indebtedness,  and  not  two-thirds  of  those 
votinsr  at  the  election.  (Howland  v.  Supervisors,  109 
Cal.  152,  41   Pac.  864) 

The  fact  that  the  election  is  held  at  the  same  time 
and  place  as  the  general  election  <loes  not  afi'ect 
the  character  of  the  election,  (llowland  v.  Super- 
visors, 109  Cal.  152,  41  I'ac.  S64.) 

This  section  does  not  re(iuire  that  at  the  time  of 
the  sale  or  issuance  of  the  l)on(ls,  or  the  incuri'ing 
of  the  bonded  indebtedness,  a  sinking  fund  or  interest 
tax  l)e  levied,  but  only  tliat  provision  shall  be  made 


265  CONSTITUTION  OF  1870.       Art.  XT,  S  19 

for  their    collection.     (Howland    v.   Supervisors,   109 
Cal.  152,  41  Pac.  864.) 

As  to  the  sufficiency  of  the  notice  of  the  election, 
see  Los  Angeles  v.  Teed,  112  Cal.  319,  44  Pac.  580. 

Sec.  19.  In  any  city  where  there  are  no  pub- 
lic works  owned  and  controlled  by  the  mnnicipal- 
ity  for  supplying  the  same  with  water  or  artificial 
light,  any  individual,  or  any  company  duly  in- 
corporated for  such  purpose,  under  and  by  au- 
thority of  the  laws  of  this  state,  shall,  under  the 
direction  of  the  superintendent  of  streets,  or  other 
officer  in  control  thereof,  and  under  such  general 
regulations  as  the  municipality  may  prescribe, 
for  damages  and  indemnity  for  damages,  have 
the  privilege  of  using  the  public  streets  and 
thoroughfares  thereof,  and  of  laying  down  pipes 
and  conduits  therein,  and  connections  therewith, 
so  far  as  may  be  necessary  for  introducing  into 
and  supplying  such  city  and  its  inhabitants  either 
with  gaslight,  or  other  illuminating  light,  or 
with  fresh  water  for  domestic  and  all  other  pur- 
poses, upon  the  condition  that  the  municipal  gov- 
ernment shall  have  the  right  to  regulate  the 
charges  thereof.  [Ratification  declared  February 
13,  1885.] 

[ORIGINAL  SECTION.] 
Sec.  19.  No  public  work  or  improvement  of  any 
description  whatsoever  shall  be  done  or  made,  in  any 
city,  in,  upon  or  about  the  streets  thereof,  or  other- 
wise, the  cost  and  expense  of  which  is  made  charge- 
able or  may  be  assessed  upon  private  property  by 
Constitution— 23 


Art.  XI,  §  19       CONSTITUTION  OF  1879.  266 

special  assessment,  unless  an  estimate  of  such  cost 
and  expense  shall  be  made,  and  an  assessment,  in 
proportion  to  benefits,  on  the  property  to  be  affected 
or  benefited,  shall  be  levied,  collected,  and  paid  into 
the  city  treasury  before  such  work  or  improvement 
shall  be  commenced,  or  any  contract  for  letting  or 
doing  the  same  autliorized  or  performed.  In  any 
city  -where  there  are  no  public  worlds  owned  and  con- 
trolled by  the  municipality,  for  supplying  the  same 
with  water  or  artificial  light,  any  individual,  or  any 
company  duly  incorporated  for  such  purpose  under 
and  by  authority  of  the  laws  of  this  state,  shall,  un- 
der the  direction  of  the  superintendent  of  streets,  or 
other  officer  in  control  thereof,  and  under  such  gen- 
eral regulations  as  the  municipality  may  prescribe  for 
damages  and  indemnity  for  damages,  have  the  priv- 
ilege of  using  the  public  streets  and  thoroughfares 
thereof,  and  of  laying  down  pipes  and  conduits  there- 
in, and  connections  therewith,  so  far  as  may  be  nec- 
essai'y  for  introducing  into  and  supplying  such  city 
and  its  inhabitants  either  with  gaslight  or  other  il- 
luminating light,  or  with  fresh  water  for  domestic 
and  all  other  purposes,  upon  the  condition  that  the 
municipal  government  shall  have  the  right  to  regu- 
late the  charges  thereof. 

WATER  AND  LIGHT.— The  word  "city,"  used  In 
this  section,  includes  "town."  (Pereria  v.  Wallace, 
129  Cal.  397,  02  Pac.  61;  People  v.  Stephens,  62  Cal. 
209.) 

The  provision  of  the  act  of  1S58,  requiring  water 
companies  to  furnish  v/ater  free  of  charge  to  cities 
and  counties,  was  abrogated  by  this  section.  (Spring 
Valley  W.  W.  v.  San  Francisco,  01  Cal.  IS.) 

The  board  of  supervisors  has  no  power  to  delegate 
to  a  commission  tlie  power  to  fix  the  rates  to  be  paid 
by  the  county  for  gas.  Fait  wliere  tlie  board  after- 
ward ratifies  tlie  rates  fixed  by  the  commission.  t!ie 
final  determination  with  respect  to  the  rates  is  ex- 


267  CONSTITUTION  OF  1879.       Art.  XI,  §  19 

ercised  by  tho  board,  and  is  valid.     (San  Francisco 
Gas  Ck).  V.  Dunn.  62  Cal.  580.) 

This  section  does-  not  deprive  the  right  to  collect 
rates  for  water  of  its  character  of  a  franchise. 
(Spring  Valley  W.   W.  v.   Schottler,  62  Cal.  69.) 

Although  a  contract  fixing  the  price  of  gas  may 
be  void,  still  if  the  gas  is  actually  furnished  to  and 
used  by  the  municipality,  the  board  may  allow  for 
its  payment  such  sum  as  it  is  reasonably  worth. 
(San  Francisco  Gas  Co.  v.  Dunn.  62  Cal.  580.) 

In  the  absence  of  an  express  limitation,  a  contract 
by  the  board  as  to  rates  for  the  term  of  five  years 
will  not  be  held  unreasonable.  <San  Francisco  Gas 
Co.  V.  Dunn.  62  Cal.  580.) 

The  question  of  what  is  a  reasonable  rate  is  a 
question  of  fact.  (Redlands  etc.  Co.  v.  Redlands, 
121   Cal.   312,   53   Pac.   791.) 

The  water  company  is  not  entitled  to  be  reimbursed 
from  the  income  dei'ived  fi-om  the  rates  for  interest 
upon  its  indebtedness,  nor  for  depreciation  of  its 
plant,  aside  from  the  amount  requisite  for  its  main- 
tenance and  repairs  during  the  year.  (Redlands  etc. 
Co.  V.  Redlands,  121  Cal.  312,  53  Pac.  791.) 

The  bonded  or  other  indebtedness  of  the  company 
Is  not  to  be  considered;  but  the  fair  value  of  the  prop- 
erty which  is  necessarily  used  in  furnishing  the  water 
is  the  basis  upon  which  to  determine  the  amount  of 
revenue,  which  shoiild  be  the  same  whether  the 
works  are  acquired  or  constructed  by  the  company 
with  its  own  resources,  or  with  money  borrowed  from 
others.  (Redlands  etc.  Co.  v.  Redlands,  121  Cal.  365, 
53  Pac.  843.) 

The  company  has  no  absolute  right  to  receive  a 
given  per  cent,  on  its  capital  stock.  (Redlands  etc. 
Co.  V.  Redlands,  121  Cal.  365.  53  Pac.  843.) 

The  rights  of  the  public,  as  well  as  those  of  the 
stockholders,  are  to  be  considered:  and  the  public 
cannot  be  subjected  to  imreasonable  rates  in  order 
simply  that  stockholders  may  have  dividends.  The 
company  has  the  right  to  receive  only  what,  under 
all  the  circumstances,  is  such  compensation  as  will 
be  just  to  it  and  to  the  public.  (Redlands  etc.  Co.  v. 
Redlands.  121  Cal.  365,  53  Pac.  843.) 


Art.  XI,  §  19       CONSTITUTION  OF  1879.  268 

An  ordinance  requiring  a  special  permission  to  be 
obtained  from  the  board  of  supervisors,  before  streets 
can  be  obstructed,  is  reasonable.  (Mutual  Electric 
etc.  Co.  V.  Asbworth,  118  Cal.  1,  50  Pac.  10.) 

Under  this  section  the  city  may  require  special  per- 
mission from  the  city  befoi'e  poles  can  be  erected  in 
the  streets  by  an  electric  light  company;  and  the  mere 
fact  that  the  permission  is  granted  to  one  company 
and  unjustly  refused  to  another  will  not  entitle  the 
latter  to  enjoin  the  city  authorities  from  interfering 
with  the  erection  of  sucli  poles — the  proper  remedy 
being  to  compel  the  granting  of  the  permit  by  man- 
damus. (Mutual  Electi-ic  etc.  Co.  v.  Ash  worth,  118 
Cal.  1.  50  Pac.  10.) 

A  statute  requiring  municipalities  to  sell  franchises 
for  laying  pipes,  etc..  to  the  higliest  bidder  is  void. 
(Pereria  v.  Wallace,  129  Cal.  307,  62  Pac.  CI.) 

See,  further,  as  to  water  rates,  note  to  section  33, 
article  4,  and  section  1,  article  14. 

STREET  ASSESSMENTS.— The  "front-foot"  meth- 
od of  assessment  is  valid.  (Hadley  v.  Dague.  130  Cal. 
207,  02  Pac.  500;  Cohen  v.  Alameda,  124  Cal.  504.  57 
Pac.  377;  Chambers  v.  Satterlee,  40  Cal.  497;  Emery 
V.  San  Francisco  Gas  Co.,  28  Cal.  345;  Emery  v.  Brad- 
ford, 29  Cal.  75;  Taylor  v.  Palmer,  31  Cal.  240;  Whit- 
ing V.  Quacl^enbush.  54  Cal.  300;  Whiting  v.  Town- 
send,  57  Cal.  515;  Lent  v.  Tillson.  72  Cal.  404,  14  Pac. 
71;  Jennings  v.  Le  Breton,  80  Cal.  8,  21  Pac.  1127; 
San  Francisco  Pav.  Co.  v.  Bates.  22  Cal.  Dec.  302; 
Banaz  v.  Smith,  21  Cal.  Dec.  735.) 

An  assessment  for  improving  a  street  is  a  tax.  and 
must  be  levied  with  equality  and  uniformity.  (Whit- 
lug  V.  Quaclcenbush,  54  Cal.  300.) 

A  contract  for  a  street  improvement,  made  before 
the  new  constitution  went  into  effect,  is  not  affected 
by  its  provisions,  and  the  granting  of  an  extension 
of  time  for  the  pcrfurmauce  of  the  same  is  not  a 
new  contract.  (Oakland  Pav.  Co.  v.  Barstow,  79  Cal. 
45,  21  Pac.  544;  Ede  v.  Cogswell.  79  Cal.  278,  21  Pac. 
7(i7;  Ede  v.  Kniglit.  93  Cal.  159,  28  Pac.  8(!0.) 

The  provisions  of  tliis  section  in  its  original  form 
were  self-executing,  and  the  provisions  of  the  act  of 
1872,  relating  1o  street  inii)n)vements  in  San  Fran- 
cisco, and  authorizing  tlie  superintendent  of  streets  to 


269  CONSTITUTION  OP  1879.       Art.  XT,  §  19 

execute  contracts  for  such  improvements  in  advance 
of  the  levy  and  collection  of  the  assessment,  were 
inconsistent  with  it,  and  ceased  to  be  operative  when 
it  went  into  effect.  (McDonald  v.  Patterson,  54  Cal. 
245;  Donahue  v.  Graham,  Gl  Cal.  270.) 

The  act  of  18G3,  providing  for  the  widening  of 
streets  in  San  Francisco  by  agreement  with  the  own- 
ers, was  not  in  conflict  with  this  section.  (San  Fran- 
cisco v.  Kienian,  98  Cal.  614,  33  Pac.  720.) 

The  provision  of  the  charter  of  San  Francisco  for 
maliing  a  contract  for  street  worli  before  an  assess- 
ment had  been  levied  and  collected  was;  repealed  by 
this  section,  and  was  not  revived  by  the  constitu- 
tional amendment  dispensing  with  the  necessity  of 
such  levy  and  collection.  (Thomason  v.  Ruggles,  69 
Cal.  465,  11  Pac.  20;  Thomason  v.  Ashworth,  73  Cal. 
73,  14  Pac.  615.) 

The  amendment  to  this  section  in  1885  was  legally 
adopted.  (Oalvland  Pav.  Co.  v.  Tompkins,  72  Cal.  5, 
12  Pac.  801;  Thomason  v.  Ashworth,  73  Cal.  73,  14 
Pac.  615;  People  v.  Strother,  67  Cal.  624,  8  Pac.  383. 
But  see  Oakland  Pav.  Co.  v,  Hilton,  69  Cal.  479,  11 
Pac.  3.) 


Art.  XII  CONSTITUTION  OF  1879.  270 


AETICLE  XII. 
CORPORATIONS. 

§    1.     Corporations  to  be  formed  under  creneral  laws. 

§     2.     Dues  to  be  secured  by  individual  liability,  etc. 

§     3.     Stockholders  to  be  individually  liable. 

§     4.     Corporations  construed. 

§     5.     Banking:  prohibited. 

§     6.     Existing  charters,  when  invalid. 

§  7.  Charters  not  to  be  extended,  nor  forfeiture  re- 
mitted. 

§  8.  All  franchises  subject  to  the  right  of  eminent 
domain. 

§     9.     Restrictions  on  powers  of  corporations. 

§  10.     I>iabilities  of  franchise  under  lease  or  grant. 

§  11.     Corporation  stock,  restriction  on  issue  of. 

§  12.  Election  of  directors— Cumulative  or  distribu- 
tive votes. 

§  13.  State  not  to  loan  its  credit  nor  subscribe  to 
stock  of  corporations. 

§  14.  Corporations  to  have  office  for  traasactiou  of 
business  in  stocks. 

§  l!").     Foreign  corporations,  conditions. 

§  If).     Corporations,   whore  to  be  sued. 

§  17.  Transportation  companies,  rights  and  liabili- 
ties of. 

§  18.  Officers  of  corporations,  restricti(tn  as  to  in- 
terests. 

§  19.  Free  passes  on  railroads  j)rolubited  to  state 
officials. 


271  CONSTITUTION  OF  1879.       Art.  XII,  §  1 

§  20.  Fares  and  freights  to  be  regulated  by  govern- 
ment. 

§  21.  Discrimination  in  charges  by  carriers  forbid- 
den. 

§  22.     Railroad  districts,  organization  of. 

§  23.     Temporary  raiU-oad  districts. 

§  24.     Legislature  to  pass  laws  to  enforce  this  article. 

Section  1.  Corporations  may  be  formed  under 
general  laws,  but  shall  not  be  created  by  special 
act.  All  laws  now  in  force  in  this  state  concern- 
ing corporations,  and  all  laws  that  .may  be  here- 
after passed  pursuant  to  this  section,  may  be 
altered  from  time  to  time  or  repealed. 

CORPORATIONS— What  are.— A  levee  district  is 
not  a  private  corporation,  neither  is  it  a  municipal 
corporation,  but  it  belongs  to  a  class  by  itself,  the 
creation,  organization,  and  control  of  which  is  not 
limited  by  the  constitution.  (People  v.  Levee  Dist. 
No.  0,  131  Cal.  30.) 

Prior  to  the  new  con.stitution,  a  reclamation  dis- 
trict WHS  held  to  be  a  public  corporation,  which  could 
be  created  bv  special  act.  (Reclamation  Dist.  No. 
124  V.  Gray,  95  Cal.  601,  30  Pac.  779.) 

Creation  of— The  legislature  cannot  confer  upon 
corporations  any  powers  or  grant  them  any  privileges 
by  special  act.  (San  Francisco  v.  Spring  Valley  W. 
W..  48  Cal.  493.) 

A  corporation  sole  can  be  created  only  by  com- 
])liance  with  tlie  provisions  of  the  Civil  Code. 
(Blalveslee  v.  Hall,  94  Cal.  150,  29  Pac.  623.) 

This  section  does  not  prohibit  the  assignment  of  a 
franchise  to  a  legally  organized  corporation,  by  per- 
sons having  the  lawful  right  to  exercise  and  transfer 
the  same — this  section  referring  only  to  power  directly 
conferred  upon  corporations  by  the  legislature.  (Peo- 
ple V.  Stanford.  77  Cal.  360,  18  Pac.  85,  19  Pac.  693.) 

A  law  providing  a  special  method  of  assessment 
and  collection  of  taxes  against  railroads  situated  in 


Art.  XII,  §  1        CONSTITUTION  OF  1879.  272 

more  tban  one  county  is  not  in  violation  of  tliis  sec- 
tion. (People  V.  Central  Pac.  R.  R.  Co..  105  Cal.  576, 
38  Pac.  905.  People  v.  Central  Pac.  R.  R.  Co.,  83  Cal. 
393,  23  Pac.  303,  overruled.) 

An  act  "to  establish  water  rates  in  the  city  antl 
county  of  San  Francisco,"  and  a  supplemental  act, 
held  unconstitutional  in  so  far  as  they  attempt  to  pro- 
vide a  mode  of  fixing  rates  to  be  charged  by  corpora- 
tions in  San  Francisco  differing  from  the  mode  pro- 
vided for  other  corporations  by  general  laws.  (San 
Francisco  v.  Spring  Valley  W.  W.,  53  Cal.  COS;  Spring 
Valley  W.  W.  v.  Brvant,  52  Cal.  132;  San  Francisco 
V.  Spring  Valley  W.  W.,  48  Cal.  493.) 

An  act  which  authorizes  the  board  of  supervisors 
of  a  county  to  grant  certain  privileges  to  a  particu- 
lar corporation  is  void.  (Waterloo  etc.  Road  Co.  v. 
Cole,  51  Cal.  381.) 

An  act  which  grants  to  individuals  powers  and 
privileges,  and  provides  that  the  act  shall  not  take 
effect  unless  such  persons  incorponite  within  a  given 
time,  is  a  grant  to  the  corporation,  and  void.  (San 
Francisco  v.  Spring  Valley  W.  AV.,  48  Cal.  493;  Cali- 
fornia State  Tel.  Co.  v.  Alta  Tel.  Co.,  22  Cal.  398, 
disapproved.) 

Under  this  section  the  legislature  cannot  by  special 
act  cliange  the  name  of  a  corporation,  but  ni;iy  by 
general  law  provide  for  such  chaiige  by  the  superior 
court  upon  npplication  of  the  incorporators.  CNIntter 
of  La  Societf  Francaise,  etc.,  123  Cal.  525.  5(>  Pac. 
458.     See,  also.  Pacific  Banlv  v.  De  Ro,  37  Cal.  538.) 

An  act  granting  to  certain  individuals  the  exclusive 
right  to  a  line  of  telegraph  does  not  violate  this  sec- 
tion. (California  State  Tel.  Co.  v.  Alta  Tel.  Co..  22 
Cal.  398.  Rut  see  San  Francisco  v.  Spring  Valley 
W.   W..   48  C:il.   493.) 

"Where  a  frnnchise  is  conferred  by  the  legislature 
to  certain  individunls  to  supply  a  town  with  water, 
and  tliey  afterward  sell  sucli  franchise  to  a  corpo- 
ration, this  section  is  not  violated.  (S:in  Luis  Water 
Co.  V.  Estrada,  117  Cal.  108,  48  I'ac.  1075.  San  Fran- 
cisco V.  Spring  Valley  W.  AV.,  48  Cal.  493,  distin- 
guished.) 

An  act  conferring  flie  power  of  appointing  boards 
of  examiners  ujxiu  llu-ec  named  societies,   wliioli  are 


273  CONSTITUTION  OF  1879.       Art.  XII,  §  2 

said  to  be  "existing?  corporations,"  held  not  to  be  in 
ooutiict  with  this  section,  as  the  power  is  not  con- 
ferred upon  them  as  corporations— the  expression 
"existing  corporations"  being  merely  descriptio  per- 
sonarum.  (Ex  parte  Frazer,  54  Cal.  94;  Ex  parte  Mc- 
Nulty,  77  Cal.  1G4,  19  Pac.  237;  E-x  parte  Johnson,  62 
Cal.  2(33.) 

This  provision  continued  in  force  section  359  of  the 
Code  of  Civil  Procedure,  limiting  the  time  within 
which  an  action  can  be  brought  to  enforce  the  stoclc- 
holders'  personal  liability.  (Santa  Rosa  Nat.  Bank  v. 
Barnett,  125  Cal.  407,  58  Pac.  85.) 

Alteration  and  repeal  of  charters— The  right  to 
alter  and  repeal  is  not  without  limit;  it  must  be  rea- 
sonable. Sheer  oppression  and  wrong  cannot  be  in- 
flicted under  the  guise  of  amendment  or  alteration. 
(Spring  Valley  W.  W.  v.  San  Francisco,  61  Cal.  3.) 

The  power  of  the  legislature  to  alter  and  amend 
under  this  section  does  not  authorize  the  legislature, 
while  the  corporation  exists,  to  deprive  it  of  the 
rights  guaranteed  to  it  by  the  federal  constitution, 
to  due  process  of  law,  and  to  the  equal  protection 
of  the  laws,  nor  to  alter  the  cliarter  of  foreign  cor- 
porations doing  business  in  tliis  state.  CTohnson  v. 
Goodyear  Min.  Co..  127  Cal.  4.  59  Pac.  304.) 

A  provision  in  the  charter  of  a  water  company 
permitting  it  to  name  two  out  of  five  commissioners 
to  fix  water  rates  is  simply  a  privilege,  and  not  a 
contract  with  the  company,  and  may  l>e  repealed  at 
any  time.  (Spring  Valley  W.  W.  v.  San  Francisco, 
61    Cal.  3.) 

The  legislature  may,  under  the  reserved  power,  pro- 
vide for  the  consolidation  of  corporations  by  a  ma- 
jority vote  of  the  stockholders,  without  reference  to 
tlie  will  of  the  dissenting  stockholders.  (Market  Street 
By.  Co.  V.  Hellman,  109  Cal.  571,  42  Pac.  225.) 

Under  this  provision  the  people  of  the  state  have 
power  to  change  the  law  as  to  the  liability  of  stock- 
holders. (McGowan  v.  IMcDonald,  111  Cal.  57,  43 
Pac.  418.) 

Sec.  2.  Dues  from  corporations  shall  he  se- 
cured by  such  individual  liability  of  the  corpo- 


Art.  XII,  §  3        CONSTITUTION  OF  1S79.  274 

rators  and  otlier  means  as  may  be  prescribed  by 
law. 

Sec.  3.  Each  stocldiolder  of  a  corporation,  or 
joint-stock  association,  shall  be  individually  and 
personally  liable  for  such  proportion  of  all  its 
debts  and  liabilities  contracted  or  incurred,  dur- 
ing the  time  he  was  a  stockholder,  as  the  Amount 
of  stock  or  shares  owned  by  him  bears  to  the 
whole  of  the  subscribed  capital  stock,  or  shares 
of  the  corporation  or  association.  The  directors 
or  trustees  of  corporations  and  joint-stock  as- 
sociations shall  be  jointly  and  severally  liable  to 
the  creditors  and  stockholders  for  all  moneys  em- 
bezzled or  misappropriated,  by  the  officers  of  such 
corporation,  or  joint-stock  association,  during  the 
tenn  of  office  of  such  director  or  trustee. 

STOCKHOLDERS'  LIABILITY— In  general— Un- 
der this  section  a  stoc-kliolder  cannot  be  exempted 
bv  law  from  his  individual  liability.  (McGowan  v. 
McDonald.  Ill  Cal.  57,  43  Pac.  41S.) 

A  somewhat  similar  provision  of  the  former  con- 
stitution was  held  not  to  be  self-executing.  (French 
V.  Teschemaker,  24  Cnl.  518.) 

The  former  constitution  left  it  to  the  lejiislature 
to  prescribe  the  rule  by  Miiich  each  stockholder's 
proportion  should  be  ascertained.  (Larrabee  v.  Bald- 
Avin,   35   Cal.   1.55.) 

Under  the  former  constitution  it  was  held  that 
any  one  creditor,  whose  debt  was  suflicient,  miurht 
collect  from  one  particular  stockholder  the  entire 
amount  of  his  lialtilitj'  on  all  the  corporate  debts, 
leaving  him  to  seek  contribution  out  of  his  co-stock- 
holders.    (IvJirrabee  v.   r.ahhvin,   35   Cal.    15.5.) 

While  it  has  never  been  decided  Avhether  or  not 
this  rule  applies  uuder  the  present  constitution,  it  has 


275  CONSTITUTION  OF  1879.       Art.  XII,  §  3 

been  said  that  "all"  the  debts  means  every  debt  of 
the  company;  and  therefore  any  creditor  is  entitled 
to  sue  anj"^  stockholder  for  his  proportion  of  the  in- 
debtedness of  the  company  to  such  creditor,  without 
reference  to  the  other  delfts  of  the  corporation.  (Mor- 
row V.  Superior  Court,  64  Cal.  383,  1  Pac.  354.) 

An  act  autliorizing  the  formation  of  corporations, 
witliout  attaeliinff  to  the  stoclvholders  an  individual 
liability  would  be  imconstitutional.  and  the  persons 
organized  under  such  an  act  would  acquire  none  of 
the  rights  of  a  corporation.  (French  v.  Teschemaker, 
24  Cal.  518.) 

But  the  creditors  of  a  corporation  may  waive  the 
personal  liability  of  the  stockholders  at  the  time  of 
contracting  with  the  corporation.  (French  v.  Tesche- 
maker, 24  Cal.  518.) 

A  depositor  in  a  savings  banlc  does  not  waive  the 
personal  liability  of  the  stockholders  by  an  unsigned 
agreement  printed  in  the  boolv  of  each  depositor,  nor 
by  a  printed  release  of  liability  inserted  in  the  signa- 
ture-boolv.  to  which  no  S7)ecial  subscription  was  made 
by  the  depositors.  (Wells  v.  Black,  117  Cal.  157,  48 
Pac.    1090.) 

A  by-laAV  of  a  coiTioration  that  the  stockholders 
fchall  not  be  personally  liable  for  the  delits  of  the 
corporation  is  void.  (Wells  v.  Black,  117  Cal.  157,  48 
Pac.  1090.) 

A  law  limiting  the  time  within  which  an  action  can 
be  brought  under  this  section  to  three  years  from  the 
creation  of  the  liability  is  valid.  (Santa  Rosa  Nat. 
Bank  v.  Barnett,  125  Cal.  407,  58  Pac.  85.) 

An  act  authorizing  a  city  to  subscribe  to  the  stock 
of  a  corporation,  provided  the  corporation  should 
make  it  a  condition  of  all  contracts  entered  into  by 
it  that  the  city  should  not  be  liable  as  a  stockholder, 
is  not  invalid  as  taking  away  the  liability  fixed  by 
the  constitution.  (French  v.  Teschemaker,  24  Cal. 
518.) 

One  stockholder  may  enforce  the  personal  liability 
of  other  stockholders  in  the  corporation  for  a  debt 
due  such  stockholder  from  the  corporation.  (Brown 
v.  Merrill,  107  Cal.  44G,  40  Pac.  557;  Knowles  v.  San- 
dercock,  107  Cal.  629,  40  Pac.  1047.) 


Art.  XII,  §  3        CONSTITUTION  OF  1879.  2H> 

This  provision  applies  to  corporations  formed  be- 
fore as  well  as  after  the  adoption  of  the  new  consti- 
tnfion.  (McGowan  v.  McDonald,  111  Cal.  57,  43  Fac. 
41 S.) 

Under  a  like  provision  in  the  constitution  of  Kan- 
sas it  was  held  that  it  was  enforceable  in  this  state 
against  California  stockholders  in  a  Kansas  corpora- 
lion.  (Ferguson  v.  Sherman,  116  Cal.  1(59,  47  Pac. 
123.) 

When  it  attaches.— This  section  has  no  application 
to  liabilities  of  stockholders  which  accrued  prior  to 
its   adoption.     (Harmon   v.    Page,   62   Cal.   448.) 

A  subscriber  for  shares  is  responsible  as  a  stock- 
holder, although  he  has  not  paid  for  his  stock  or  re- 
ceived a  certilicate  therefor.  (Mitchell  v.  Beckman, 
64  Cal.  117,  28  Pac.   110.) 

A  pledgee  of  stock  is  not  a  stockholder  within  the 
meaning  of  this  section.  (Borland  v.  Nevada  Bank, 
99  Cal.  80,  .33  Pac.  737.) 

The  liability  of  the  stockholder  is  dependent  upon 
the  fact  that  he  is  a  stockholder  at  the  time  the  debt 
is  created,  and  such  liability  cannot  be  extended  by 
the  corporation  by  a  note  given  for  an  indebtedness 
not  created  while  he  was  a  stockholder,  by  suffering 
a  judgment  to  be  recovered  on  such  indebtedness,  or 
in  any  other  manner.  (AVinona  Wagon  Co.  v.  Bull, 
108  Cal.  1,  40  Pac.  1077:  T>arrabee  v.  Baldwin,  35  Cal. 
155;  Daniolson  v.  Yoakum.  IIO  Cal.  382.  48  Pac.  322; 
Partridge  v.  Butler.  113  Cal.  326.  45  Pac.  678;  Santa 
Eosa  Nat.  Bank  v.  Barnett,  125  Cal.  407.  58  Pac.  85.) 

The  liability  of  a  stockholder  in  a  savings  bank 
accrues  at  the  time  of  the  acceptance  of  the  deposit. 
(Wells  V.  Black,  117  Cal.   157,  48  Pac.  1000.) 

A  stockholder  in  a  savings  bank  is  liable  for  his 
proportion  of  a  deposit  in  such  bank.  (Wells  v. 
Black,  117  Cal.  157,  48  Pac.  1090.) 

A  llal)ility  for  overdrafts  to  a  bank  is  created  upon 
the  daily  balances  against  the  coi^poration  sliown  by 
the  account.  (Santa  Kosa  Nat.  Bank  v.  Barnett,  125 
Cal.   407,   58   I'ac.   85.) 

Tlie  liability  of  a  corporation  for  the  services  of  an 
attorney  is  not  created  unlil  llie  rendition  of  the 
cervices.  (Johnson  v.  Bank  of  Lake,  125  Cal.  6,  57 
Pac.  6G4.) 


277  CONSTITUTION  OF  1S79.       Art.  Xll,  §  ;{ 

Where  an  accorainodation  indorser  of  the  note  of 
a  corporation  pays  the  same,  the  debt  is  extins^nished 
and  the  stockholders'  liability  upon  the  debt  eoines 
to  an  end,  and  neither  under  the  doctrine  of  equitable 
assignment  nor  of  subrogation  can  it  be  transferred 
as  a  live  and  subsisting  obligation,  but  at  the  time 
of  payment  by  the  indorser  a  new  liability  springs 
up  against  the  corporation  and  its  stockholders,  a  lia- 
bility upon  an  implied  contract  to  reimburse  what  has 
been  expended,  including  costs  and  expenses.  (Yule 
V.   Bishop,   22   Cal.   Dec,   255.) 

Nature  of. — An  action  to  recover  upon  the  liability 
of  a  stockholder  is  an  action  at  law.  (Morrow  v. 
Superior  Court,  64  Cal.  383,  1  Pac.  354.) 

A  stockholder's  liability  is  a  "liability  created  by 
law."  (Moore  v.  Boyd,  74  Cal.  1G7,  15  Pac.  G70;  Hunt 
V.  Ward,   99  Cal.   012,  34  Pac.   335.) 

It  is  also  a  liability  created  by  statute.  (Bank  v. 
Pacific  Coast  S.  S.  Co.,  103  Cal.  594,  37  Pac.  499  i 

It  is  also  an  obligation  arising  upon  conti'act. 
(Dennis  r.  Superior  Court,  91  Cal.  548,  27  Pac.  1031; 
Kennedy  v.  California  Sav.  Bank,  97  Cal.  93,  31  Pac. 
846.) 

The  obligation  of  stockholders  is  direct  and  pri- 
mary. They  are  principal  debtors,  and  not  sureties 
of  the  corporation,  and  their  liability  is  not  contin- 
gent upon  a  recovery  against  the  corporation,  nor  is 
it  affected  by  a  suspension  or  renewal  as  to  the  cor- 
poration. (Faymonville  v.  McCollough,  59  Cal.  285; 
Davidson  v.  Rankin,  34  Cal.  503;  Hyman  v.  Cole- 
man, 82  Cal.  650,  23  Pac.  62;  Mitchell  T.  Beckman, 
64  Cal.  117,  28  Pac.  110.) 

Stockholders  are  not  jointly  and  severally  liable, 
but  each  stockholder  is  severally  liable  for  his  pro- 
portion of  the  indebtedness,  and  when  he  has  paid 
his  portion  of  any  debt,  or  of  all  the  debts  of  the 
coiTporation,  he  is  freed  from  all  liability,  and  has 
no  cause  of  action  against  any  other  stockholder 
for  money  so  paid.  (Brown  v.  Merrill,  107  Cal.  446, 
40  Pac.  557;  Derby  v.  Stevens,  64  Cal.  287,  30  Pac. 
820.) 

The  mere  fact  that  the  corporation  has  pledged  to 
the  debtor  certain  property  as  security  for  the  debt 
does  not  prevent  the  debtor  from  suing  the  stock- 
Constitution— 24 


Art.  XII,  §  3        coxsTiTUTiON  OF  1879.  278 

holders.     (Sonoma  Valley  Bank  v.  Hill,  .59  Cal.  107.) 

A  jiid2:ment  asainst  the  corporation  does  not  ex- 
tinguish, suspend,  or  merge  the  liability  of  the  stock- 
holders.    (Young  V.  Rosenbaum,  .30  Cal.  646.) 

Nor  does  such  a  judgment  prolong  the  time  within 
which  an  action  may  be  maintained  against  the  stock- 
holders.    (Stilphen  V.   Ware.   4.5  Cal.   110.) 

An  action  may  be  maintained  against  the  stock- 
holders, although  the  debt  is  secured  by  a  mortgage 
of  the  corporation  which  has  not  been  foreclosed. 
(Knowles  v.  Sandercock.  107  Cal.  629,  40  Pac.  1047.) 

Stockholders  are  liable  for  interest  as  well  as  prin- 
cipal. (Wells,  Fargo  &  Co.  v.  Enright,  127  Cal.  609, 
60  Pac.  439.) 

A  stockholder  of  an  insolvent  bank  has  no  right  to 
share  in  the  dividends  of  the  bank  by  way  of  sub- 
rogntion  to  the  rights  of  a  creditor  to  whom  he  has 
paid  his  proportionate  share  of  his  claim.  (Sacra^ 
mento  Bank  v.  Pacific  Bank,  124  Cal.  147,  56  Pac. 
7S7.) 

Release  of.— Whenever  a  debt  of  a  corporation  Is 
satisfied  in  part,  there  is  also  pro  tanto  a  discharge 
of  the  liabilitv  of  the  stockholders.  (San  Jose  Sav. 
Bank  v.  Pharis.  .58  Cal.  3S0.) 

Where  a  creditor  of  a  corporation  releases  a  stock- 
holder from  all  personal  liability,  he  thereby  dis- 
charges the  corporation  and  otlior  stockholders  to  the 
same  extent  as  the  one  to  wliom  the  release  is  exe- 
cuted. If  the  release  is  for  tlie  releasee's  propor- 
tion, the  company  and  other  stockholders  are  only 
released  pro  tanto,     (Prince  v.   Lynch,  38  Cal.  528.) 

Practice. — A  complaint  to  recover  on  the  stock- 
holder's liability  must  state  llio  amount  of  the  whole 
number  of  shares  subscribed  for.  (P.idwell  v.  Bab- 
cock.  87  Cal.  29,  25  Pac.  752;  Roebling's  Sons  Co. 
V.   Butler,    112   Cal.   677,   45   Pac,   6.) 

As  to  the  form  of  the  complaint  generally,  see  Duke 
V.  Huntington,  1.30  Cal.  272,  62  Pac,  510;  Whitehurst 
V.  Stuart,  129  Cal.  191,  61  Pac.  963. 

The  complaint  must  show  allirmatively  that  the  de- 
fend.nnt  was  a  stockholder  wlien  the  debt  was  in- 
curred, and  a  mere  allegation  tliat  he  wns  a  stock- 
holder Avlien    the   note   was   executed    is   insufficient. 


279  CONSTITUTION  OF  1879.       Art.  XII,  S  4 

(Case  Plow  Works  v,  Montgomery,  115  Cal.  380,  47 
rac.  108.) 

A  creditor  is  not  bound  to  exhaust  the  remedii^s 
against  the  corporation  before  proceeding  against 
the  stockholder.  (Morrow  v.  Superior  Court,  64  Cal. 
383.  1  Pac.  Srvl.) 

The  provisions  of  this  section  do  not  oust  a  court 
of  equity  of  jurisdiction  to  compel  stockholders  to 
pay  for  the  benefit  of  creditors  the  amount  of  the 
capital  stock  subscribed  for  by  them.  (Harmon  v. 
Page,  02  Cal.  44S.J 

Although  the  liability  of  the  stockholder  is  that  of 
an  original  debtor,  it  is  proper  to  plead  the  debt  as 
that  of  the  corporation.  (Knowles  v.  Sandercock,  107 
Cal.  629,  40  Pac.  1047.) 

Where  one  stockholder  pays  a  note  of  the  corpora- 
tion, and  sues  the  other  stockholders  for  contribu- 
tion, the  superior  court  has  no  jurisdiction,  if  the 
several  amounts  asked  against  each  stockholder  are 
less  than  three  hundred  dollars.  (Myers  v.  Sierra 
Valley  etc.   Co.,   122  Cal.  669,  55  Pac.   689.) 

LIABILITY  OF  DIRECTORS.— This  provision  only 
applies  to  such  misappropriations  of  moneys  as  are 
similar  to  embezzlement,  consisting  of  the  misappro- 
priations of  funds  intrusted  to  an  ofticer  for  a  par- 
ticular purpose,  by  devoting  them  to  some  unauthor- 
ized purpose,  and  does  not  apply  to  the  payment 
of  an  extravagant  price  for  services  or  materials 
properly  appertaining  to  the  business  of  the  corpora- 
tion. (Fox  V.  Hale  &  Norcross  etc.  Min.  Co.,  108  Cal. 
369,  41  Pac.  308.) 

An  action  at  law  on  behalf  of  one  or  more  of  the 
creditors  of  a  corporation  cannot  be  sustained  under 
the  provision  as  to  tlie  liability  of  directors,  but  the 
only  proper  remedy  is  a  bill  in  equity  where  all  the 
creditors  are  parties,  or  are  represented,  and  in 
which  there  can  be  an  accounting  after  ascertain- 
ment of  facts.  (Winchester  v.  Mabury,  122  Cal.  522, 
55  Pac.  393.) 

Sec.  4.  The  term  corporations,  as  used  in  this 
article,  shall  be  construed  to  include  all  associa- 


Art.  XII,  §§  5-7    CONSTITUTION  OF  1879.  280 

tions  and  joint-stock  companies  having  any  of 
the  powers  or  privileges  of  corporations  not  pos- 
sessed hy  individuals  or  partnerships;  and  all  cor- 
porations shall  have  the  right  to  sue  and  shall 
be  subject  to  be  sued,  in  all  courts,  in  like  cases 
as  natural  persons. 

Sec.  5.  The  legislature  shall  have  no  power 
to  pass  any  act  granting  any  charter  for  banking 
purposes,  but  corporations  or  associations  may  be 
formed  for  such  purposes  under  general  laws. 
No  corporation,  association,  or  individual  shall 
issue  or  put  in  circulation,  as  money,  anything 
but  the  lawful  money  of  the  United  States. 

BANKING  CORPORATIONS— A  corporation  may 
be  farmed  for  the  purpose  of  receiving  deposits  and 
loaning  money,  and  if  it  does  not  issue  paper  to  cir- 
culate as  money,  it  is  not  a"  banlc,  altliougli  it  is  called 
such.     (Banli  of  Sonoma  v.  Fairbanks,  52  Cal.  196.) 

Sections  34  and  35,  article  4,  of  the  constitution  of 
1849  did  not  prohibit  the  formation  of  banl^ing  cor- 
porations for  the  purpose  of  deposit  and  loan,  which 
do  not  issue  paper  to  circulate  as  money.  (Bank  of 
Martinez  v.  Hemme  etc.  Laud  Co.,  105  Cal.  370,  38 
Pac.  903.) 

Sec.  6.  All  existing  charters,  grants,  franchises, 
special  or  exclusive  privileges,  under  which  an 
actual  and  bona  fide  organization  shall  not  have 
taken  place,  and  business  been  commenced  in 
good  faith,  at  the  time  of  the  adoption  of  this 
constitution,  shall  thereafter  have  no  validity. 

Sec.  7.  The  legislature  shall  not  extend  any 
francliise  or  charter,  nor  remit  the   forfeiture  of 


281  CONSTITUTION  OF  1879.     Art.  XII,  §§  8,  9 

any  franchise  or  charter  of  any  corporation  now 
existing,  or  which  shall  hereafter  exist  under  the 
laws  of  this  state. 

CORPORATE  FRANCHISES.— An  act  waiving  a 
riglit  to  enforce  a  forfeiture  does  not  "remit  the  for- 
feiture," since  there  is  no  forfeiture  until  the  sov- 
ereignty which  created  the  franchise,  by  proper 
proceeding  in  a  proper  court,  procure  an  adjudication 
of  forfeiture,  and  enforce  it.  (People  v.  Los  Angeles 
eic.  Ky.  Co.,  91  Cai.  ii'SS,  27  Pac.  U73.) 

Sec.  8.  The  exercise  of  the  right  of  eminent 
domain  shall  never  be  so  abridged  or  construed 
as  to  prevent  the  legislature  from  taking  the  prop- 
erty and  franchises  of  incorporated  companies  and 
subjecting  them  to  public  use  the  same  as  the 
property  of  individuals,  and  the  exercise  of  the 
police  power  of  the  state  shall  never  be  so  abridged 
or  construed  as  to  permit  corporations  to  conduct 
their  business  in  such  manner  as  to  infringe  the 
rights  of  individuals  or  the  general  well-being 
of  the  state. 

Sec.  9.  No  corporation  shall  engage  in  any 
business  other  than  that  expressly  authorized  in 
its  charter,  or  the  law  under  which  it  may  have 
been  or  may  hereafter  be  organized;  nor  shall  it 
hold  for  a  longer  period  than  five  years  any  real 
estate  except  such  as  may  be  necessary  for  carry- 
ing on  its  business. 

CORPORATE  PURPOSES.— A  corporation  Is  for- 
bidden to  engage  in  any  business  other  than  is  ex- 
pressly authorized  in  its  charter  or  the  law  under 
which  it  is  organized.     To  hold  stock  in  another  cor- 


Art.  XII,  §§  10,  11     CONSTITUTION  OF  1879.  282 

poration.  is  to  engage  in  the  business  of  such  corpo- 
ration. (Knowles  v.  Sandereock,  107  Oal.  629,  643, 
40  Pac.  1047.) 

This  section  does  not  cause  property  held  in  viola- 
tion of  it  to  escheat  to  the  state.  (People  v.  Stocli- 
ton   Sav.   etc.    Soc,   22   Cal.   Dec.   2(55.) 

Sec.  10.  The  legislature  shall  not  pass  any 
laws  permitting  the  leasing  or  alienation  of  any 
franchise,  so  as  to  relieve  the  franchise  or  prop- 
erty held  thereunder  from  the  liahilities  of  the 
lessor  or  grantor,  lessee  or  grantee,  contracted  or 
incurred  in  the  operation,  use,  or  enjoyment  of 
such  franchise,  or  any  of  its  privileges. 

ALIENATIOlSr  OF  FRANCHISES.-This  section 
does  not  give  a  personal  action  against  the  corpora- 
tion which  owned  property  for  an  injury  which  has 
resulted  to  an  employee  of  a  lessee  of  the  owner  in 
the  use  of  the  property  in  the  hands  of  the  lessee, 
but  is  designed  to  subject  the  franchise  and  prop- 
erty to  liability  incurred  in  its  occupation,  whether 
the  franchise  be  exercised  or  the  property  be  used 
by  the  original  owner  or  the  lessee  or  grantee.  (Lee 
v!  Southern  Pac.  R.  R.  Co.,  116  Cal.  97,  47  Pac.  932.) 

Sec.  11.  No  corporation  shall  issue  stock  or  ' 
bonds,  except  for  money  paid,  labor  done,  or  prop- 
erty actually  received,  and  all  fictitious  increase 
of  stock  or  indebtedness  shall  be  void.  The  stock 
and  bonded  inde])tedness  of  corporations  shall  not 
be  increased  except  in  pursuance  of  general  law, 
nor  without  the  consent  of  the  persons  holdin'g  the 
larger  amount  in  value  of  the  stock,  at  a  meet- 
ing called  for  tliat  purpose,  giving  sixty  days* 
public  notice,  as  may  be  provided  by  law. 


2S3  CONSTITUTION  OF  1879.     Art.  XII,  §§  12, 13 

CORPORATE  STOCK.— An  increase  of  the  capital 
stock  of  a  corporation  and  the  issuing  of  additional 
shares,  to  be  sokl  at  a  price  less  than  the  nominal 
par  value  of  the  stocli,  to  supply  a  fund  actually  re- 
quired for  the  use  of  the  corporation,  is  not  a  ficti- 
tious issuance.  (Stein  v.  Howard,  65  Cal.  616,  4 
Pac.    6G2.) 

Non-negotiable  notes  secured  by  mortgages  exe- 
cuted by  a  corporation  do  not  constitute  "bonded 
indebtedness"  within  the  meaning  of  this  section. 
(Underbill  v.  Santa  Barbara  etc.  Imp.  Co.,  93  Cal. 
SOU,  28  Pac.  1049.) 

Sec.  12.  In  all  elections  for  directors  or  man- 
agers of  corporations  every  stockholder  shall  have 
the  right  to  vote,  in  person  or  by  proxy,  the  num- 
ber of  shares  of  stock  owned  by  him  for  as  many 
persons  as  there  are  directors  or  managers  to  be 
elected,  or  to  cumulate  said  shares  and  give  one 
■candidate  as  many  votes  as  the  nvimber  of  directors 
multiplied  by  the  number  of  his  shares  of  stock 
shall  equal,  or  to  distribute  them,  on  the  same 
principle,  among  as  many  candidates  as  he  shall 
think  fit;  and  such  directors  or  managers  shall 
not  be  elected  in  any  other  manner,  except  that 
members  of  co-operative  societies  formed  for 
agricultural,  mercantile,  and  manufacturing  pur- 
poses, may  vote  on  all  questions  affecting  such 
societies  in  manner  prescribed  by  law. 

DIRECTORS.— Under  this  section  all  the  directors 
must  be  elected  on  one  ballot.  (Wright  v.  Central 
etc.  Water  Co.,  67  Cal.  532,  8  Pac.  70.) 

Sec.  13.  The  state  shall  not  in  any  manner 
loan  its  credit,  nor  shall  it  subscribe  to,  or  be 


Art.  XII,  §§  14,  15     coxsTiTUTiON  of  1879.  284 

interested  in  the  stock  of  any  company,  associa- 
tion, or  corporation. 

STATE  CREDIT— This  section  prohibits  the  loan- 
ing of  public  credit  for  private  purposes  under  any 
circumstances.  (Stocli'tou  etc.  R.  K.  Co.  v.  Stocliton, 
41  Cal.  147;  Ramsey  v.  Haeger,  70  111.  432.) 

It  does  not  prohibit  the  appropriation  of  public 
funds  to  aid  a  corporation  in  the  construction  of  a 
railroad  to  be  used  for  military  purposes.  (People  v. 
Pacheco,  27  Cal.  175.) 

Sec.  14.  Every  corporation  other  than  religious, 
educational,  or  benevolent,  organized  or  doing 
business  in  this  state,  shall  have  and  maintain 
an  office  or  place  in  this  state  for  the  transaction 
of  its  business,  where  transfers  of  stock  shall  be 
made,  and  in  which  shall  be  kept,  for  inspection 
by  every  person  having  an  interest  therein,  and 
legislative  committees,  books  in  which  shall  be 
recorded  the  amount  of  capital  stock  subscribed^ 
and  by  whom;  the  names  of  the  owners  of  its 
stock,  and  the  amounts  owned  by  them  respec- 
tively; the  amount  of  stock  paid  in,  and  by  whom; 
the  transfers  of  stock;  the  amount  of  its  assets 
and  liabilities,  and  the  names  and  place  of  resi- 
dence of  its  officers. 

Sec.  15.  No  cor]ioration  organized  outside  the 
limits  of  this  state  shall  be  allowed  to  transact 
business  within  this  state  on  more  favorable  con- 
ditions than  are  prescribed  by  law  to  similar  cor- 
porations organized  under  the  laws  of  this  state. 


285  CONSTITUTION  OF  1879.     Art.  XII,  §  10 

FOREIGN"  CORPORATIONS— The  act  of  1880, 
providing  for  a  penalty  for  failure  of  the  directors 
of  a  domestic  mininj?  corporation  to  post  weekly 
reports,  etc.,  is  not  in  violation  of  this  section,  and 
does  not  relate  to  the  business  of  the  corporation. 
(Miles  V.  Woodward.  115  Cal.  308,  46  Pac.  1070.) 

This  section  was  not  designed  to  limit  the  powers 
of  the  legislature  when  dealing  with  the  organiza- 
tion and  government  of  corporations  which  are  cre- 
ated by  its  own  will  and  act.  (Miles  v.  Woodward, 
115  Cal.  308.  46  Pac.  1076.) 

The  act  of  1876,  requiring  banking  corporations  to 
publish  and  file  statements  of  their  assets  and  lia- 
bilities, applies  to  foreign  corporations.  (Bank  of 
British  North  America  v.  Madison,  99  Cal.  125,  133, 
33  Pac.  762.) 

Sec.  16.  A  corporation  or  association  may  be 
sued  in  the  county  where  the  contract  is  made  or 
is  to  be  performed,  or  where  the  obligation  or 
liability  arises,  or  the  breach  occurs;  or  in  the 
county  where  the  principal  place  of  business  of 
such  corporation  is  situated,  subject  to  the  power 
of  the  court  to  change  the  place  of  trial  as  in 
other  cases. 

ACTIONS  AGAINST  CORPORATIONS.  —  This 
section  is  merely  permissive,  and  not  mandatory. 
(Fresno  Nat.  Bank  v.  Superior  Court,  83  Cal.  491,  24 
Pac.  157.) 

It  applies  to  actions  of  tort  as  well  as  matters  of 
contract.  (Lewis  v.  Southern  Pac.  R.  It.  Co.,  60  Cal. 
209.  5  Pac.  79.) 

It  gives  to  the  plaintiff  the  right  to  elect  either 
to  sue  the  corporation  in  the  county  where  the  con- 
tract is  made,  or  is  to  be  performed,  or  where  the 
obligation  or  liability  arises,  or  the  breach  occurs,  or 
in  the  county  where  the  principal  place  of  business 
of  the  corporation  is  situated.  (Trezevant  v.  Strong 
Co.,  102  Cal.  47,  30  Pac.  395.) 


Art.  XII,  §  17     coxsTiTTTTiox  OF  1879.  2SG 

The  risbt  to  sue  a  corporation  in  the  county 
■where  the  contract  was  made  only  applies  when  the 
coiTJoration  is  the  sole  defendant  in  the  case.  (Grif- 
fin etc.  Co.  v.  Magnolia  etc.  Co.,  107  Cal.  378,  40 
Pac.  495.) 

An  association  of  persons  organized  for  a  particu- 
lar purpose,  although  not  formally  a  corporation,  is 
included  in  this  section.  The  word  "association"' 
does  not  necessarily  mean  an  association  possessing^ 
corporate  powers  and  privileges.  (Kendrick  v.  Dia- 
mond etc.   Miu.   Co.,  94  Cal.   137.  29  Pac.  324.) 

Under  this  section  an  action  for  libel  may  be  main- 
tained in  the  county  in  which  the  plaintiff  resides, 
when  the  newspaper  is  circulated  in  that  county  but 
published  in  another.  (Brady  v.  Times-Mirror  Co., 
106  Cal.  56,  39  Pac.  209.) 

But  where  the  plaintiff  sues  other  persons  than 
the  corporation  publishing  the  paper,  he  waives  the 
provisions  of  this  section.  (Brady  v.  Times-Miri'or 
Co.,  106  Cal.  50,  39  Pa.o.  209.) 

An  action  against  a  corporation  for  leave  to  redeem 
real  estate  is  properly  brought  in  the  county  where 
the  real  property  is  situated.  (Baker  v.  Fireman's 
Fund  Ins.   Co.,   73   Cal.   I,s2,   14  I'.-ic   CSU.l 

In  an  action  against  a  corporation  for  damages  for 
breach  of  contract,  the  defendant  is  entitled  to  a 
change  of  place  of  trial  to  the  county  in  which  its 
principal  place  of  business  is  situated,  when  the 
county  in  which  the  action  is  brought  is  not  the  one 
ill  which  tlie  contract  was  made,  or  was  to  be  per- 
formed, or  in  which  the  obligation  arose,  or  in  which 
the  principal  place  of  business  is  situated.  (Cohn 
V.  Central  Pac.  R.  R.  Co.,  71  Cal.  488.  12  Pac.  498.) 

Sec.  17.  All  railroad,  canal,  and  other  trans- 
portation companies  are  declared  to  be  common 
carriers,  and  subject  to  legislative  control.  Any 
association  or  corporation,  organized  for  the  pur- 
pose, "under  the  laws  of  this  state,  shall  have  the 
right  to  connect  at  the  state  line  with  railroads 
of   other   states.     Every   railroad   company   shall. 


287  CONSTITUTION  OF  1879.     Art.  XII,  §  18 

have  the  right  with  its  road  to  intersect,  connect 
with  or  cross  any  other  railroad,  and  shall  re- 
ceive and  transport  each  the  other's  passengers, 
tonnage,  and  cars,  without  delay  or  discrimina- 
tion. 

RAILROADS.— Tlie  legislature  may  regulate  rail- 
road crossings.  (Pittsburgh  etc.  li.  Ic.  Co.  v.  iSoutli- 
west  etc.   Ry.    Co.,  77  Pa.   St.   173.) 

It  may  require  railroad  companies  to  ring  a  bell 
■or  sound  a  whistle  at  a  crossing.  (Galena  R.  R.  Co. 
V.  Appleby,  28  111.  283;  Galena  R.  R.  Co.  v.  Loomis, 
13  111.  548.) 

It  may  regulate  the  speed  of  trains  in  a  city.  (Chi- 
cago etc.  R.  R.  Co.  V.  Haggerty.  G7  111.  113.) 

It  may  require  them  to  erect  fences  and  cattle- 
guards.  (Suydam  v.  Moore,  8  Barb.  3.58;  Waldron  v. 
Railroad  Co.,  8  Barb.  390;  New  Albany  etc.  Co.  v. 
Tilton.  12  Ind.  3;  Madison  etc.  R.  R.  Co.  v.  White- 
neck,  8  Ind.  217;  Ohio  etc.  R.  R,  Co.  v.  McClelland, 
25  111.  140;  Kansas  etc.  R.  R.  Co.  v.  Mower,  l(j  Kan. 
573:  .Tones  v.  G.  etc.  R.  R.  Co..  ic,  Town.  (V  Indian- 
apolis R.  R.  Co.  V.  Kercheval,  16  Ind.  84;  Nichols  v. 
Somerset  etc.  R.  R.  Co..  43  Me.  35():  Winona  etc.  K. 
R.  Co.  V.  Waldron.  11  :\Iinn.  515;  Gorman  v.  Pacific 
R.  R.  Co.,  2(;  Mo.  441 ;  Blair  v.  M.  etc.  R.  R.  Co.,  20  Wis. 
254;  Pennsylvania  R.  R.  Co.  v.  Riblet,  GO  Pa.  St.  104.) 

Sec.  18.  iN'o  president,  director,  officer,  agent, 
or  employee  of  any  railroad  or  canal  company 
shall  he  interested,  directly  or  indirectly,  in  the 
furnishing  of  material  or  supplies  to  such  com- 
pany, nor  in  the  business  of  transportation  as  a 
common  carrier  of  freight  or  passengers  over  the 
works  owned,  leased,  controlled,  or  worked  by 
such  company,  except  such  interest  in  the  busi- 
ness of  transportation  as  lawfully  flows  from  the 
ownership  of  stock  therein. 


Art.  XII,  §§  19,  20    CONSTITUTION  of  1879.  2SS 

Sec.  19.  N'o  railroad  or  other  transportation 
company  shall  grant  free  passes,  or  passes  or 
tickets  at  a  discount,  to  any  person  holding  any 
office  of  honor,  trust,  or  profit  in  this  state;  and 
the  acceptance  of  any  such  pass  or  ticket,  by  a 
member  of  the  legislature  or  any  public  officer, 
other  than  railroad  commissioner,  shall  work  a 
forfeiture  of  his  office. 

BAILROAD  PASSES.— As  to  the  nature  of  a  pro- 
ceeding to  remove  an  officer  for  acceptiuc:  a  railroad 
pass,  see  People  v.  Superior  Court,  114  Cal.  46G,  4l> 
Pac.  383. 

Sec.  20.  ISTo  railroad  company  or  other  com- 
mon carrier  shall  combine  or  make  any  contract 
with  the  owners  of  any  vessel  that  leaves  port  or 
makes  port  in  this  state,  or  with  any  common 
carrier,  by  which  combination  or  contract  the 
earnings  of  one  doing  the  carrying  are  to  be 
shared  by  the  other  not  doing  the  carrying. 
And  whenever  a  railroad  corporation  shall,  for 
the  purpose  of  competing  with  any  other  common 
carrier,  lower  its  rates  for  transportation  of  pas- 
sengers or  freight  from  one  point  to  another, 
such  reduced  rates  shall  not  be  again  raised  or 
increased  from  such  standard  without  the  consent 
of  the  governmental  autlioriiy  in  which  shall  be 
vested  the  power  to  regulate  fares  and  freights. 

COMPETITION.— "Wlioro  n  railroad  company  low- 

ors  its  piisscnizcr  nilcs  in  order  1o  ooiiipoto  with  an- 
otlior  road,  nnd  nl'tcrward  niisos  them  without  tlie 
consent  of   the  railroad    commissioners,    such    com- 


289  CONSTITUTION  OF  1879.     Art.  XII,  §§  21,  22 

iriissioners  have  no  jurisdictioo  to  require  a  restora- 
tion of  the  lower  rate.  (Edsou  v.  Southern  Pae.  Co., 
21  Cal.  Dec.  702.) 

Sec.  21.  No  discrimination  in  charges  or 
facilities  for  transportation  shall  be  made  by 
any  railroad  or  other  transportation  company  be- 
tween places  or  persons,  or  in  the  facilities  for 
the  transportation  of  the  same  classes  of  freight 
or  passengers  within  this  state,  or  coming  from  or 
going  to  any  other  state.  Persons  and  property 
transported  over  any  railroad,  or  by  any  other 
transportation  company  or  individual,  shall  be  de- 
livered at  any  station,  landing,  or  port,  at  charges 
not  exceeding  the  charges  for  the  transportation 
of  persons  and  property  of  the  same  class,  in  the 
same  direction,  to  any  more  distant  station,  port, 
or  landing.  Excursion  and  commutation  tickets 
may  be  issued  at  special  rates. 

FREIGHTS  AND  FARES.— The  state  has  the  riflit 
to  regulate  the  rates  to  be  charged  by  a  railroad  for 
the  transportation  of  freight  or  passengers.  (Chi- 
cago etc.  R.  II.  Co.  V.  Iowa,  94  U.  S.  155;  Winona 
etc.  R.  R.  Co.  V.  Blake,  94  U.  S.  180;  Parke  v.  Met- 
ropolitan R.  R.   Co.,  109  Mass.  506.) 

The  state  may  impose  a  penalty  for  taking  unlaw- 
ful toll.  (Camden  etc.  R.  R.  Co.  v;  Briggs,  22  N.  J, 
L.  623;  Norris  v.  Androscoggin  K.  R.  Co.,  89  Me.  27:!: 
Chicago  etc.  R.  R.  Co.  v.  People,  67  111.  11;  Vincent 
V.  Chicago  etc.  R.  R.  Co.,  49  111.  33;  People  v.  Chi- 
cago etc.  R.  R.  Co.,  55  111.  Ill;  Chicago  etc.  R.  R. 
Co.  V.  People,  50  111.  365.) 

Sec.  22.     The  state  shall  be  divided  into  three 
districts  as  nearly  equal  in  population  as  prac- 
Constitutlon— 25 


Art.  XII,  §  22     CONSTITUTION  of  1879.  290 

ticable,  in  each  of  which  one  railroad  commis- 
sioner shall  be  elected  by  the  qualified  electors 
thereof  at  the  regular  gubernatorial  elections, 
whose  salary  shall  be  fixed  by  law,  and  whose 
term  of  office  shall  be  four  years,  commencing  on 
the  first  Monday  after  the  first  day  of  January 
next  succeeding  their  election.  Said  commission- 
ers shall  be  qualified  electors  of  this  state  and  of 
the  district  from  which  they  are  elected,  and 
shall  not  be  interested  in  any  railroad  corpora- 
tion, or  other  transportation  company,  as  stock- 
holder, creditor,  agent,  attorney  or  employee;  and 
the  act  of  a  majority  of  said  commissioners  shall 
be  deemed  the  act  of  said  commission.  Said  com- 
missioners shall  have  the  power,  and  it  shall 
be  their  duty,  to  establish  rates  of  charges  for 
the  transportation  of  passengers '  and  freight  by 
railroad  or  other  transportation  companies,  and 
publish  the  same  from  time  to  time,  with  such 
changes  as  they  may  make ;  to  examine  the  books, 
records,  and  papers  of  all  railroad  and  other  trans- 
portation companies,  and  for  this  purpose  they 
shall  have  power  to  issue  subpoenas  and  all  other 
necessary  process;  to  hear  and  determine  com- 
plaints against  railroad  and  other  transporta- 
tion companies,  to  send  for  persons  and  papers, 
to  administer  oaths,  take  testimony,  and  punish 
for  contempt  of  their  orders  and  processes,  in  the 
same  manner  and  io  the  same  extent  as  courts 
of  record,   and  enforce   tlicir   decisions  and  cor- 


291  CONSTITUTION  OF  1879.      Art.  XII,  §  22 

rect  abuses  through  the  medium  of  the  courts. 
Said  commissioners  shall  prescribe  a  uniform  syS' 
tern  of  accounts  to  be  kept  by  all  such  corpora- 
tions and  companies.  Any  railroad  corporation 
or  transportation  company  which  shall  fail  or 
refuse  to  conform  to  such  rates  as  shall  be  estab- 
lished by  such  commissioners,  or  shall  charge  rates 
in  excess  thereof,  or  shall  fail  to  keep  their  ac- 
counts in  accordance  with  the  system  prescribed 
by  the  commission,  shall  be  fined  not  exceeding 
twenty  thousand  dollars  for  each  offense,  and 
every  officer,  agent,  or  employee  of  any  such  cor- 
poration or  company,  who  shall  demand  or  re- 
ceive rates  in  excess  thereof,  or  who  shall  in  any 
manner  violate  the  provisions  of  this  section,  shall 
be  fined  not  exceeding  five  thousand  dollars,  or  be 
imprisoned  in  the  county  jail  not  exceeding  one 
year.  In  all  controversies,  civil  or  criminal,  the 
rates  of  fares  and  freights  established  by  said  com- 
mission shall  be  deemed  conclusively  just  and 
reasonable,  and  in  any  action  against  such  cor- 
poration or  company  for  damages  sustained  by 
charging 'excessive  rates,  the  plaintiff,  in  addition 
to  the  actual  damage,  may,  in  the  discretion  of  the 
judge  or  jury,  recover  exemplary  damages.  Said 
commission  shall  report  to  the  governor,  annually, 
their  proceedings,  and  such  other  facts  as  may  be 
deemed  important.  Nothing  in  this  section  shall 
prevent  individuals  from  maintaining  actions 
against  any  of  such  companies.    The  legislature 


Art.  XII,  §  22     CONSTITUTION  OF  1879.  292 

may,  in  addition  to  any  penalties  herein  prescribed, 
enforce  this  article  by  forfeiture  of  charter  or 
otherwise,  and  may  confer  such  further  powers  on 
the  commissioners  as  shall  be  necessary  to  enable 
them  to  perform  the  duties  enjoined  on  them  in 
this  and  the  foregoing  section.  The  legislature 
shall  have  power,  by  a  two-thirds  vote  of  all  the 
members  elected  to  each  house,  to  remove  any  one 
or  more  of  said  commissioners  from  office,  for 
dereliction  of  duty,  or  corruption,  or  incompe- 
tency; and  whenever,  from  any  cause,  a  vacancy 
in  office  shall  occur  in  said  commission,  the  gov- 
ernor shall  fill  the  same  by  the  appointment  of  a 
qualified  person  thereto,  who  shall  hold  office 
for  the  residue  of  the  unexpired  term,  and  until 
his  successor  shall  have  been  elected  and  qualified. 

BAILROAD  COMMISSIONEBS.  —  This  section 
should  be  coustrued  to  extend  the  supervision  of  the 
conuuission  to  all  persons  engaged  in  the  business 
of  transportation,  whether  as  corporations,  joint-stock 
companies,  partnerships,  or  individuals.  (Morau  v. 
Koss.  79  Cal.  l.W.  21  Pac.  547.) 

This  section  did  not  repeal  section  490  of  the  Civil 
Code,  although  that  section  refers  to  section  4S9  of 
1!u^  same  code.  wJiich  was  superseded  by  this  section. 
(Robinson  v.  Southern  Pac.  R.  R.  Co.,  105  Cal.  52(3, 
38  Pac.  94,  722.) 

A  statute  may  authorize  the  appoint mont  of  com- 
missioners to  determine  the  duties  and  obligations  of 
railroad  coini)anies.  (I*ortland  H.  K.  Co.  v.  Uailway 
Co..   46    Me.    (>9.) 

The  commission  has  no  jurisdiction  over  a  street 
railroad  corporation  operated  in  a  municipality. 
Uioard  of  Itailroad  Commrs.  v.  Market  St.  Ky.  Co., 
i;{2  Cal.   G77.^ 

The  commission  has  no  jurisdiction,  upon  a  com- 


293  CONSTITUTION  OF  1879.     Art.  XII,  §§  23,  24 

plaint  that  a  railroad  company  lowered  its  passen- 
ger rates  in  order  to  compete  with  another  road,  and 
afterward  raised  them  without  the  consent  of  the 
commission,  to  require  a  restoration  of  the  lower  rate. 
(Bdson  V.  Southern  Pac.  Co.,  21  Cal.   Dec.  702.) 

Sec.  23.  Until  the  legislature  sliall  district  the 
state,  the  following  shall  be  the  railroad  districts: 
The  first  district  shall  be  composed  of  the  counties 
of  Alpine,  Amador,  Butte,  Calaveras,  Colusa,  Del 
Norte,  El  Dorado,  Humboldt,  Lake,  Lassen,  Men- 
docino, Modoc,  Napa,  Nevada,  Placer,  Plumas,  Sac- 
ramento, Shasta,  Sierra,  Siski3^ou,  Solano,  Sono- 
ma, Sutter,  Tehama,  Trinity,  Yolo,  and  Yuba, 
from  which  one  railroad  commissioner  shall  be 
elected.  The  second  district  shall  be  composed 
of  the  counties  of  Marin,  San  Francisco,  and  Sau 
Mateo,  from  which  one  railroad  commissioner 
shall  be  elected.  The  third  district  shall  be  com- 
posed of  the  counties  of  Alameda,  Contra  Costa, 
Fresno,  Inyo,  Kern,  Los  Angeles,  Mariposa,  Mer- 
ced, Mono,  Monterey,  San  Benito,  San  Bernardino, 
San  Diego,  San  Joaquin,  San  Luis  Obispo,  Santa 
Barbara,  Santa  Clara,  Santa  Cruz,  Stanislaus, 
Tulare,  Tuolumne,  and  Ventura,  from  which  one 
railroad  commissioner  shall  be  elected. 

Sec.  24.  The  legislature  shall  pass  all  laws 
necessary  for  the  enforcement  of  the  provisions 
of  this  article. 


Art.  XIII,  §  1      CONSTITUTION  OF  1879.  2&4 


ARTICLE  Xin. 
REVENUE  AND  TAXATION. 

§     1.    Taxation  to  be  in  proportion  to  value. 

§     1%.  Churches  exempt  from  taxation. 

§  2.  Land  and  improvements  to  be  separately  as- 
sessed. 

§  3.  Seetionized  and  unsectiouized  land,  how  as- 
sessed. 

§     4.     Securities,  taxable. 

§     5.     Contract  of  borrower  to  pay  tax  on  loan  void. 

§     6.     Power  of  taxation  cannot  be  surrendered. 

§     7.     Payment  of  taxes  by  installments. 

§    8.    Annual  statement  of  property  to  be  given. 

§     9.     State  board  of  equalization. 

§  10.     Property,  where  assessed. 

§  11.    Income  taxes. 

§  12.     Poll  tax. 

§  12%.  YouncT  trees  and  vines  exempt  from  taxation. 

§  13.     Laws  to  be  passed  by  legislature. 

Section  1.  All  property  in  the  state,  not  ex- 
empt under  the  laws  of  the  United  States  shall 
be  taxed  in  proportion  to  its  value,  to  be  ascer- 
tained as  provided  by  law.  The  word  "property," 
as  used  in  this  article  and  section,  is  hereby  de- 
clared to  include  moneys,  credits,  bonds,  stocks, 
dues,  franchises,  and  all  other  matters  and  things, 
real,  personal,  and  mixed,  capable  of  private  own- 


295  CONSTITUTION  OF  1S79.     Art.  XIII,  §  1 

ership ;  provided,  that  property  used  for  free  pub- 
lic libraries  and  free  museums,  growing  crops, 
property  used  exclusively  for  public  schools,  and 
such  as  may  belong  to  the  United  States,  this 
state,  or  to  any  county  or  municipal  corporation 
within  this  state,  shall  be  exempt  from  taxation. 
The  legislature  may  provide,  except  in  case  of 
credits  secured  by  mortgage  or  trust  deed,  for  a 
deduction  from  credits  of  debts  due  to  bona  fide 
residents  of  this  state.  [Amendment  adopted  No- 
vember 6,  1894.] 

[ORIGINAL  SECTION.] 
Sectiou  1.  All  property  in  the  state,  not  exempt  un- 
der the  laws  of  the  United  States,  shall  be  taxed  in 
proportion  to  its  value,  to  be  ascertained  as  provided 
by  law.  The  word  "property,"  as  used  in  this  ar- 
ticle and  section,  is  hereby  declared  to  include 
moneys,  credits,  bonds,  stocks,  dues,  franchises,  and 
all  other  matters  and  things,  real,  personal,  and 
mixed,  capable  of  private  ownership;  provided,  that 
growing  crops,  property  used  exclusively  for  public 
schools,  and  such  as  may  belong  to  the  United  States, 
this  state,  or  to  any  county  or  municipal  corpora- 
tion within  this  state,  shall  be  exempt  from  taxation. 
The  legislature  may  provide,  except  in  the  case  of 
credits  secured  by  mortgage  or  trust  deed,  for  a  de- 
duction from  credits  of  debts  due  to  bona  fide  resi- 
dents of  this  state. 

TAXATION— What  is.— The  provisions  of  this  ar- 
ticle are  limitations  upon  the  power  of  the  legisla- 
ture, and  are  mandatory.  (People  v.  McCreery,  34 
(Jai.   iS2;    People   v.    Geriie,   35   Cal.   677.) 

This  section  is  not  self-executiug,  but  merely  fixes 
the  liability  of    property    to  taxation,  and  the  .stau- 


Art.  XIII,  §  1     CONSTITUTION  OF  1879.  206 

dai-fl  upon  which  it  Is  based,  but  confides  the  duty 
of  prescribing  the  machinery  by  which  to  ascertain 
the  value  to  the  legislature.  (McHenry  v.  Downer, 
116  Cal.  20,  47  Pac.  779;  De  Witt  v.  Hays,  2  Cal. 
403.) 

The  power  of  the  legislature  in  the  matter  of  taxa- 
tion is  unlimited,  except  as  restricted  by  constitu- 
tional provisions,  and  extends  to  proceedings  for  as- 
sessments for  local  improvements  upon  any  basis  of 
apportionment  which  the  legislature  may  select;  and 
the  apportionment  does  not  depend  upon  any  spe- 
cial benefit  to  the  taxpaver.  (In  re  Madera  Irr.  Dist., 
92  Cal.  296,  28  Pac.  272,  675.) 

The  provisions  of  this  article  have  no  application 
to  assessments  for  'local  improvements.  (Turiock  Irr. 
Dist.  v.  Williams,  76  Cal.  360,  18  Pac.  879.) 

This  provision  only  applies  to  direct  taxation  on 
property  as  such.     (People  v.  Coleman,  4  Cal.  46.) 

The  taxing  power  is  an  incident  of  sovereignty, 
the  exercise  of  which  belongs  exclusively  to  every 
state,  and  attaches  alike  upon  everything  which 
comes  T\athin  its  jurisdiction.  (People  v.  Coleman,  4 
Cal.  46.) 

A  tax  is  a  charge  upon  persons  or  property,  to 
raise  money  for  public  purposes.  It  is  not  founded 
upon  contract  and  does  not  (establish  the  relation  of 
debtor  and  creditor,  between  the  taxpayer  and  the 
state.     (Perry  v.   Washlturn,  20  Cal.   ;US.) 

The  words  "taxation"  and  "taxed"  relate  to  such 
general  taxes  upon  all  property  as  are  levied  to  de- 
fray the  ordinary  expenses  of  the  state,  county, 
town,  and  munlcijial  governments,  and  not  to  assess- 
ments levied  on  lots  fronting  on  a  street  to  pay  the 
expense  of  its  improvement.  (Emery  v.  San  Fran- 
cisco Gas  Co.,  2S  Cal.  345.) 

The  words  "taxation"  and  "assessment"  do  not 
have  the  same  signitication.  (Taylor  v.  Palmer,  31 
Cal.  240.) 

"Taxation"  is  the  jxywer  to  inipos(>  taxes  upon  the 
property  of  the  citizen  for  the  support  of  the  govern- 
ment. (TavJor  v.  Palmer,  31  t^al.  340;  I'euple  v.  Mc- 
Creery,    34*  Cal.   4.32.) 

The  rate  of  taxation  for  state  purposes  must  be 
n  111  form  tlu'oughout  the  state.     (People  v.  McCreery, 


297  CONSTITUTION  OF  1879.     Art.  XIII,  §  1 

si  Cal.  432.  People  v.  Coleman,  4  Cal.  4G;  High  v. 
JShoemaker,  li2  Cal.  oGo.  oveiTuled.) 

A  charge  by  the  ganger  of  the  port  of  Sau  Fran- 
cisco upon  wine,  for  services  as  ganger,  is  not  a  tax. 
<Addison  v.  Saulnier,  19  Cal.  82.) 

The  provision  ol;  the  fee  bill  of  189.5,  requiring  the 
payment  of  one  dollar  for  each  one  thousand  dollars 
in  excess  of  three  thousand  dollars  of  the  appraised 
value  of  an  estate  imposes  a  tax,  and  is  in  violation 
of  this  section  in  imposing  an  extraordinary  tax  in 
addition  to  the  equal  and  uniform  tax  to  vv^hich  alone 
property  is  liable.  (Fatjo  v.  Tfister,  117  Cal.  83,  48 
Pac.  1012.) 

The  act  of  1893.  imposing  a  tax  of  five  dollars  on 
every  hundred  dollars  of  the  market  value  of  prop- 
erty collaterally  inherited,  bequeathed,  or  devised, 
where  its  value  exceeds  five  hundred  dollars,  is  con- 
stitutional. (In  re  Wilmerding,  117  Cal.  281,  49  Pac. 
181.) 

The  collateral  inheritance  tax  is  not  subject  to  the 
provision  that  all  property  shall  be  taxed  in  propor- 
tion to  its  value,  as  it  is  in  the  nature  of  an  excise 
tax.     an  re  Wilmerding,  117  Cal.  281,  49  Pac.  181.) 

Property.— Bonds  of  foreign  corporations  are  as- 
sessable in  the  state  of  the  owner's  domicile.  (Es- 
tate of  Fair.  128  Cal.  G07,  61  Pac.  184:  Mackay  v.  San 
Francisco,   128   Cal.   678,   61   Pac.   382.) 

A  seat  in  a  stock  exchange  board  is  not  taxable 
property.  (San  Francisco  v.  Anderson,  103  Cal.  69, 
36  Pac.  1034.) 

A  mere  right  of  way  for  a  pipe  line  of  a  water  com- 
pany, entirely  unconnected  with  any  privilege  to  take 
tolls,  is  not  a  franchise.  (Spring  Valley  W.  W.  v. 
Barber,  99  Cal.  36,  33  Pac.  735.) 

Fruit  trees  are  not  growing  crops  within  the  mean- 
ing of  this  section,  and  are  subject  to  taxation.  (Cot- 
tle V.  Spitzer,  6-5  Cal.  4.56,  4  Pac.  435.) 

Stock  of  a  California  corporation,  whose  tangible 
property  is  situated  in  another  state,  is  taxable  in 
this  state  in  the  possession  of  a  resident  of  this 
state.  (San  Francisco  v.  Flood,  64  Cal.  504,  2  Pac. 
264;    San    Francisco  v.   Fry,   63   Cal.   470.) 

A  vessel  registered  out  of  the  state,  and  never  here 
except  transiently  in  the  course  of  her  voyages  for 


Art.  XIII,  §  1     CONSTITUTION  OF  1879.  29S 

the  purpose  of  receiving  and  discharging  cargo,  Is 
not  "in  the  state"  witliin  the  meaning  of  this  section, 
although  owned  in  part  by  residents  of  this  state. 
(San  F'rancisco  v.  Talbot,  63  Cal.  485.) 

A  franchise  to  collect  rates  for  water  is  taxable 
under  this  section.  (Spring  Valley  W.  W.  v.  Schott- 
ler,  02  Cal.  09.) 

The  franchise  of  a  railroad  company  is  property 
subject  to  taxation  and  is  not  exempt  by  reason  of  its 
being  a  means  or  instrument  employed  by  Congress 
to  carry  into  operation  the  powers  of  the  general 
government.  (Central  Pac.  E.  R.  Co.  v.  Board  of 
Equalization.  00  Cal.  35.) 

The  capital  or  capital  stock  of  a  corporation  is  taxa- 
ble against  the  corporation.  (San  Francisco  v.  Spring 
Valley  W.  W.,  54  Cal.  571.) 

Personal  property  in  the  state,  owned  by  nonresi- 
dents, and  upon  which  they  pay  taxes  in  the  state 
of  their  domicile,  is  taxable  in  this  state.  (Minturn 
V.  Hays,  2  Cal.  590.) 

A  municipal  corporation  has  no  power  to  impose  a 
license  tax  upon  a  railroad  company  eneaged  in  in-, 
terstate  commerce,  and  the  mere  fact  that  the  tax 
is  imposed  on  a  branch  line  does  not  render  the  tax 
valid,  where  the  branch  is  a  part  of  the  tr:nis(<in- 
tinental  line.  (San  Bernardino  v.  Southern  Pac.  Co., 
107  Cal.   524,  40  Pac.  790.) 

The  possession  of  and  claim  to  public  land  is  prop- 
erty. (People  V.  Black  Diamond  etc.  Min.  Co.,  37 
Cal.  54;  People  v.  Cohen.  31  Cal.  210.) 

The  word  "property"  is  used  in  its  ordinary  and 
popular  sense,  and  includes  not  only  visible  and  tangi- 
ble property,  but  also  chosos  in  action,  such  as  sol- 
vent debts  secured  by  mortgage.  (People  v.  Eddy, 
43  Cal.  331;  Lick  v.  Austin,  43  Cal.  590;  Sav- 
ings etc.  Soc.  V.  Austin.  40  Cal.  415;  People  v.  Ash- 
bury,  46  Cal.  523;  San  Francisco  v.  La  Societe  etc., 
131  Cal.  612.  But  sot^  Bank  of  MtMidocino  v.  Clialfant, 
51  Cal.  309,  471;  People  v.  Ilibernia  Bank,  51  Cal.  243.) 

This  is  true  although  the  debts  are  secured  by 
pledge  of  proi)erty  exempt  from  taxation.  (Security 
Sav.   Bank   v.    San   Francisco.   132   Cal.   599.) 

Monev  is  property  subject  to  taxation.  (People  V. 
Dunn,  59  Cal.  328.) 


299  CONSTITUTION  OF  1870.      Art.  XIII,  §  1 

Bonds  owned  by  a  foreign  insurance  company  do- 
ing business  in  this  state  and  deposited  with  a  banker 
in  pursuance  to  law  are  taxable.  (People  v.  Home 
Ins.  Co.,  29  Cal.  533.) 

Public  property.— Public  property  is  not  taxable. 
(Doyle  V.  Austin.  47  Cal.  353;  People  v.  McCreery, 
34  Cal.  432;  People  v.  Doe  G.  1,034,  3G  Cal.  220.) 

A  railroad  corporation  cannot  claim  an  exemption 
of  its  property  lying  within  the  state  from  state  taxa- 
tion, because  the  corporation  has  been  subsequently 
employed  by  the  federal  government  in  the  carriage 
of  mails,  munitions  of  war,  etc.  (People  v.  Central 
Pac.   R.   R.   Co..  43  Cal.  308.) 

A  railroad  company  organized  under  the  laws  of 
this  state  to  construct  and  operate  a  railroad  in  this 
state,  which  has  subsequently  received  from  the 
United  States  a  franchise  for  the  same  purpose,  may 
be  assessed  upon  its  franchise  derived  from  the  state. 
(People  v.  Central  Pac.  R.  R.  Co.,  105  Cal.  576,  88 
Pac.  905;  Colusa  v.  Glenn.  124  Cal.  498,  57  Pac.  477. 
But  see  People  v.  Central  Pac.  R.  R.  Co.,  S3  Cal. 
303,    23    Pac.    303.) 

An  act  exempting  school  land  and  lands  of  the 
United  States  from  taxation  does  not  render  the  tax 
unequal.      (High    v.    Shoemal^er.    22    Cal.    363.) 

Bonds  of  the  United  States  are  not  subject  to  tax- 
ation.    (People  V.  Home  Ins.  Co.,  29  Cal.  5.33.) 

A  county  ordinance  imposing  a  license  upon  the 
Southern  Pacific  Railroad  Company  for  carrying 
persons  and  freight  for  hire  by  means  of  railroad 
cars  in  the  county,  is  void  as  a  tax  upon  the  use  of 
the  franchise  granted  by  the  United  States  govern- 
ment. Both  the  franchise  and  the  use  of  it  are  be- 
yond the  taxing  power  of  the  state.  (San  Benito  Co. 
V.  Southern  Pac.  R.  R.  Co.,  77  Cal.  518,  19  Pac.  827.) 

The  Western  Union  Telegraph  Company  is  one  of 
the  instruments  employed  by  the  United  States  gov- 
ernment for  carrying  into  effect  its  sovereign  powers, 
and  a  tax  upon  its  francliise  is  void.  (San  Francisco 
V.  Western  Union  Tel.  Co.,  06  Cal.  140,  31  Pac.  10.) 

Whether  or  not  a  federal  franchise  has  been  as- 
sessed is  a  question  of  fact,  and  conversations  with 
members  of  the  board  of  equalization  on  the  sub- 
ject are  not  admissible.  (People  v.  Central  Pac.  R. 
R.   Co.,  105  Cal.  576,  38  Pac.  905.) 


Art.  XIII,  §  1     CONSTITUTION  OF  1879.  300 

National  banks  are  agencies  of  the  federal  gov- 
ernment, and  are  not  subject  to  tbe  taxing  power 
of  tie  state.  (McHenry  v.  Downer,  IIG  Cal.  20,  47 
Pac.   779.) 

Taxation  of  property  of  a  national  bank,  except 
as  permitted  by  the  United  States  Revised  Statutes, 
is  void.  (First  Nat.  Bank  v.  San  Francisco,  129  Cal. 
96,  61  Pac.  778;  Miller  v.  Heilbron,  58  Cal.  133.) 

Commerce. — A  tax  upon  every  person  selling  con- 
signed goods  from  any ,  state  in  proportion  to  the 
amount  sold  is  not  an  interference  Avith  the  power 
of  Congress  to  regulate  commerce.  (People  v.  Cole- 
man. 4  Cal.  46.) 

An  act  imposing  a  tax  upon  bills  of  lading  for  the 
transportation  of  gold  or  silver  from  any  point  in  this 
state  to  any  point  without  the  state  is  in  conflict 
with  tlie  provision  of  the  United  States  constitution 
forbidding  the  states  to  levy  any  imposts  or  duties 
on  imports  or  exports.  (Brumagin  v.  Tillinghast, 
18   Cal.   265.) 

An  act  requiring  the  payment  of  a  ganger  for  in- 
specting goods  arriving  at  ports  of  this  state  is  not 
in  violation  of  the  United  States  constitution  forbid- 
ding the  state  to  impose  duties  on  imports.  (Addison 
V.  Saulnier,  19  Cal.  82.) 

An  act  requiring  a  shipper  to  place  certain  stamps 
on  all  tickets  sold  to  persons  about  to  leave  the 
state  is  in  violation  of  the  commerce  clause  of  the 
United  States  constitution,  and  is  void.  It  is  a  tax 
and  not  a  police  regulation.  (People  v.  Kaymond, 
34  Cal.  492.) 

Exemptions.— The  legislature  has  no  power  to  ex- 
empt any  property  from  taxation.  (Mackay  v.  Saa 
Francisco,  113  Cal.  392,  45  Pac.  ()9G;  ]\Iinturn  v. 
Hays,  2  Cal.  590:  Pe()i)le  v.  McCreery,  34  Cal.  432; 
I'eople  V.  Black  Diamond  etc.  Min.  Co.,  37  Cal.  54; 
Crosby  v.  Lyon,  37  Cal.  242;  People  v.  Eddy,  43  Cal. 
331;    People   v.    Latliam,    52    Cal.    598.) 

An  act  authorizing  the  remission  of  a  tax  is  void. 
(Wilson  V.    Supervisors,   47   Cal.   91.) 

An  act  taxing  the  property  of  a  district  for  a. 
local  improvement,  which  exempts  personal  prop- 
erty from  its  oiieration,  is  unconstitutional,  because 
not  levied  on  all  the  property  in  the  district.  (People 
V.  Whyler,  41  Cal.  351.) 


301  CONSTITUTION  OF  1879.      Art.  XIII,  §  1 

The  crediting  of  taxes  heretofore  paid  upon  prop- 
erty under  an  invalid  levy  does  not  araount  to  an 
exemption  from  taxation  of  the  property  upon  which 
such  taxes  were  paid.  (People  v.  Latham,  32  Cal. 
598.) 

Double  taxation. — The  constitution  forbids  the 
double  taxation  of  property.  (Burke  v.  Badlam,  57 
Cal.  .594;  Qermania  Trust  Co.  x.  San  Francisco,  128 
Cal.  598.  Gl  Tac.  178;  Estate  of  Fair,  128  Cal.  G07,  Gl 
Pac.  184.) 

Double  taxation  does  not  necessarily  consist  in  as- 
sessing the  same  property  twice  to  the  same  person, 
but  may  consist  in  requiring  a  double  contribution 
to  the  same  tax  on  account  of  the  same  property, 
though  the  assessments  are  to  different  persons. 
(Germania  Trust  Co.  v.  San  Francisco,  128  Cal.  589, 
Gl  Pac.  178;  Estate  of  Fair,  128  Cal.  G07,  Gl  Pac.  184.) 

The  inhibition  of  double  taxation  only  applies  to 
STich  taxation  by  the  same  government.  (San  Fran- 
cisco  V.    Fry.   G3   Cal.  470.) 

Because  the  same  subject  matter  has  been  twice 
taxed,  it  by  no  means  follows  that  both  taxes  are 
void,  but  to  entitle  a  party  to  relief  in  the  courts, 
it  must  appear  that  the  tax  has  been  once  paid 
or  tendered.  (Savings  etc.  Soc.  v.  Austin,  46  Cal. 
415.) 

If  land  subject  to  a  mortgage  is  taxed,  and  the 
debt  secured  by  the  mortgage  is  also  taxed,  and  the 
tax  on  the  debt  is  paid  by  the  mortgagee,  the  mort- 
gagor cannot  complain  of  double  taxation.  (Lick  v. 
Austin,    43    Cal.    590.) 

The  levying  a  tax  upon  money  at  interest,  as  well 
as  upon  the  property  mortgaged  to  secure  it,  does 
not  present  a  case  of  double  taxation  against  the 
mortgagee.      (People   v.    Whartenby,    88   Cal.    461.) 

It  would  be  assessing  the  same  property  twice 
to  assess  money  on  deposit  in  a  savings  bank  to 
the  bank  and  also  to  the  depositor.  (Burke  v.  Bad- 
lam, 57  Cal.   594.) 

It  would  be  assessing  the  same  property  twice 
to  assess  to  a  corporation  all  of  its  corporate  prop- 
erty, and  also  to  assess  to  each  of  the  stockholders 
the  shares  held  by  them.  (Burke  v.  Badlam,  57  Cal. 
594.) 

ConEtitution— 26 


Art.  XIII,  §  1     CONSTITUTION  OF  1879.  302 

It  is  not  double  taxation  to  tax  the  roadbed  and 
roadway  of  a  railroad,  as  they  are  quite  different. 
(San  Francisco  etc.  K.  R.  Co.  v.  State  Board,  60  Cal. 
12.) 

Where  all  the  property  of  a  corporation  has  been 
assessed  and  it  owns  none  of  its  capital  stock,  an 
assessment  of  "capital"  or  "capital  stock"  is  void. 
(San  Francisco  v.  Spring  Valley  W.  W..  63  Cal.  524.) 

An  attempt  to  tax  a  seat  in  a  stock  exchange  board, 
in  addition  to  the  taxes  levied  upon  all  the  property  of 
the  board,  is  void  as  an  attempt  at  double  taxation. 
(San  Francisco  v.  Anderson,  103  Cal.  69,  36  Pac. 
1034.) 

Since  a  mortgage  is  assessed  as  an  interest  in  the 
land,  to  also  assess  the  bonds  which  the  mortgage 
secures  is  double  taxation.  (Germania  Trust  Co.  v. 
San  Francisco.  128  Cal.  580,  61  Pac.  178;  Estate 
of  Fair.  128  Cal.  607.  61  Pac.  184.) 

The  lender  of  money  is  not  subjected  to  double 
taxation  by  reason  of  the  payment  of  taxes  on  money 
loaned  by  him.  and  on  solvent  debts  due  him  over 
his  own  indebtedness.  (People  v.  McCreery,  34  Cal. 
432.) 

The  legislature  may  impose  a  penalty  on  those  who 
neglect  to  have  their  property  assessed  at  the  proper 
time;  and  a  law  providing  for  the  double  taxation 
of  property  which  has  escaped  assessment  in  the 
previous  year  is  valid.     (Biddle  v.  Oaks,  59  Cal.  94.) 

Assessment. — Assessment  of  property  is  a  func- 
tion of  the  executive  department  of  the  government; 
and  the  judicinry  has  no  power  to  inquire  as  to  the 
actual  value  of  property  for  the  purpose  of  taxa- 
tion, in  oi'der  to  determine  whether  thcM-e  has  been 
misrepresentations  as  to  its  value.  (Cluuie  v.  Siebe, 
112   Cal.   5!»:'.,   44  Pac.   1004.) 

Tlie  provisions  of  this  section  are  self-executing, 
and  require  the  assessor  to  ascertain  the  value  of 
the  property  in  the  manner  now  provided  by  law. 
(Hyatt   v.    Allen,   54   Cal.    353.) 

The  provision  of  the  former  constitution  as  to  the 
election  of  assessor  and  tax  collector  was  held  man- 
datory, and  restrained  Ihe  legislature  to  a  particular 
mode  of  providing  for  such  olhcers.  (People  v.  Kelsey, 
34  Cal.  470.) 


303  CONSTITUTION  OF  1879.     Art.  XIII,  §  1 

Under  the  former  constitution  an  assessment  not 
made  by  an  assessor  elected  by  the  electors  of  the 
district  was  void.    (Williams  v.  Corcoran,  46  Cal.  553.) 

This  section  does  not  require  the  value  of  the 
property  to  be  found  after  the  rate  of  taxation  is 
lixed.     (People  v.  Latham,  52  Cal.  598.) 

A  tax  for  school  purposes  must  be  based  upon  an 
assessment  made  by  an  assessor  elected  by  the  quali- 
fied electors  of  the  school  district.  (People  v.  Stock- 
ton  etc.    Co.,   49   Cal.   414.) 

The  legislature  cannot  confer  on  a  state  board  of 
equalization  of  taxes  the  power  to  add  to  or  deduct 
from  the  assessed  value  of  property,  as  fixed  by 
the  assessor.     (Houghton  v.   Austin,   47   Cal.   646.) 

The  payment  of  a  tax  cannot  be  resisted  on  the 
ground  that  the  property  on  which  it  was  levied 
was  not  assessed  at  its  true  value.  One  whose  prop- 
erty is  not  assessed  according  to  its  true  value  must 
apply  to  the  board  of  equalization  for  relief.  (People 
V.  Whyler,  41  Cal.  351.) 

The  only  mode  in  which  defective  assessments 
may  be  cured  by  the  legislature  is  to  empower  the 
assessor  to  correct  the  same.  (People  v.  Hastings,  34 
Cal.  571.) 

The  failure  of  the  assessor  to  assess  certain  prop- 
erty, whether  by  reason  of  a  void  statute  or  by  mis- 
take, does  not  invalidate  the  assessment.  (People  v. 
MeCreery,  34  Cal.  432.) 

The  value  of  a  franchise  of  a  corporation  is  prop- 
erly fixed  by  taking  the  value  of  all  tangible  prop- 
erty of  the  corporation  from  the  market  value  of 
the  capital  stock.  (Spring  Valley  W.  W.  v.  Schottler, 
62  Cal.  69.1 

A  law  providing  that  taxes  upon  personal  prop- 
erty unsecured  by  real  estate,  shall  be  collected  at 
the  time  of  the  assessment  is  valid,  although  other 
taxes  are  not  pavable  until  several  months  later. 
(Rode  V.  Siebe,  119  Cal.  518,  51  Pac.  869,  Van  Fleet. 
J.,  and  Harrison,  J.,  dissenting;  Pacific  etc.  Co.  v. 
Dalton,  119  Cal.  604,  51  Pac.  1072.) 

Purposes. — The  extent  to  which  the  power  of  taxa- 
tion may  be  exercised  is  left  unlimited,  except  by 
legislative  discretion.  (Stockton  etc.  R.  R.  Co.  v. 
Stockton,  41  Cal.  147;  Blanding  v.  Burr,  13  Cal.  343.) 


Art.  XIII,  §  1     CONSTITUTION  OF  1879.  304 

The  taxing  power,  whether  it  be  asserted  in  the 
form  of  general  taxation  or  of  local  assessment,  can- 
not be  upheld  when  the  purpose  in  view  can  be 
judiciallv  seen  to  be  other  than  public.  (In  re  Market 
Street,   49   Cal.   540.) 

The  legislature  may  recognize  a  moral  obligation 
as  the  sole  basis  for  the  imposition  of  taxes.  (Beals 
V.  Amador  County,  35  Cal.  624.) 

Taxation  cannot  be  justified  for  an  object  or  for 
the  benefit  of  a  class  in  which  the  taxpayer  is  di- 
rectly excluded  from  participating.  (.Hughes  v.  Ew- 
ing.    03   Cal.    414,   28    Pac.    1067.) 

Licenses.— A  license  fee  or  charge  for  the  trans- 
action of  any  business  is  not  a  tax  within  the  mean- 
inc:  of  this  section.  (Santa  Barbara  v.  Stearns,  51 
Cal.  499.) 

The  constitution  does  not  prohibit  the  legislature 
from  authorizing  municipal  corporations  to  tax 
occupations  for  purpose  of  revenue.  An  ordinance 
requiring  an  annual  license  of  twenty  dollars  for 
each  street-car  operated  upheld,  although  the  cars 
also  ran  in  an  adjoining  town.  (San  Jose  v.  San 
Jose  etc.  R.  R.  Co..  53  Cal.  475.  People  v.  Coleman, 
4  Cal.  46;  Sacramento  v.  Crocker.  16  Cal.  119;  Ex 
parte    Hurl.    49    Cal.    557,    approved.) 

A  municipality  has  no  inherent  power,  by  virtue 
of  its  existence  as  a  municipality,  to  impose  a  license 
upon  a  business,  but  its  power  in  tin's  respect  comes 
from  the  legislature,  and  must  be  found  in  tiie  or- 
ganic act,  or  necessarily  inferred  from  the  powers 
therein  expressly  granted.  (Ex  parte  Newton,  53  Cal. 
571.) 

An  act  proliibiting  foreigners  from  woi'king  the 
gold  mines,  except  on  condition  of  paying  a  cevlain 
sum  each  montli  for  the  jirivilege,  imposes  a  license 
and  not  a  tax  and  is  valid.  (I'eople  v.  Naglee,  1  Cal. 
232.) 

This  provision  applies  only  to  direct  taxation  upon 
property,  and  does  not  prohil)it  the  legislature  from 
•Miacting  license  laws.     ( reoi)le  v.  Naglee.  1  Cal.  232.) 

Assessments. — The  word  "assessment"  represents 
tliose  lociil  l)invlens  inii)osed  by  municipal  corpora- 
tions upon  ])i()i)('rty  Itorderiiig  ujion  an  improved 
street,    for    the    purpose   of    p;iyiiig    (he   cost   of   the 


305  COKSTITUTION  OF  1879.     Art.  XIII,  §  1 

improA-eraent,  and  laid  with  reforence  to  tlio  benefit 
the  property  is  stii)posed  to  receive  from  tlie  ex- 
penditure of  the  money.  (Taylor  v.  Palmer,  ol  Cal. 
240.) 

An  assessment  i-s  a  special  and  local  charge  upon 
property  in  the  immediate  vicinity  of  municipal  im- 
provements, predicated  upon  the  theory  of  benefits, 
and  levied  upon  land  or  property  specially  benefited 
by  such  Improvements,  while  a  charge  imposed  by 
law  upon  the  assessed  value  of  all  property  in  a 
district  is  a  tax,  although  for  a  local  improvement. 
(Holly  V.  Orange  County,  10«  Cal.  420.  39  Pac.  790.) 
An  assessment  upon  lots  adjacent  to  a  street  to 
pay  for  improvements  made  on  the  street,  if  held 
to  be  a  tax,  cannot  be  upheld,  because  it  lacks  the 
constitutirnal  retiuirement  of  equality  and  uniform- 
ity. (Croighton  v.  ]Manson,  27  Cal.  613.  But  see 
Walsh  V.   Mathews,   29   Cal.   124.) 

An  assessment  by  an  irrigation  district  upon  the 
public  lands  of  a  city,  which  are  unoccupied  and 
uncultivated  lands,  susceptible  of  cultivation  by  ir- 
rigation, and  which  would  be  benefited  thereby,  is 
not  a  tax  within  the  meaning  of  this  section.  (San 
Diego  V.  Linda  Vista  Irr.  Dist.,  108  Cal.  189,  41  Pac. 
291.) 

An  assessment  levied  by  an  irrigation  district,  al- 
though referable  to  the  power  of  taxation,  is  distinct 
from  a  tax,  and  is  not  subject  to  the  constitutional 
provisions  respecting  taxation,  and  may  be  levied 
upon  all  real  property,  without  deducting  therefrom 
any  mortgages  thereon.  (Tregea  v.  Owens,  94  Cal. 
317,  29  Pac.  643.) 

An  assessment  for  a  street  improvement  upon  the 
fi'ont-foot  system  is  an  exercise  of  the  power  of  taxa- 
tion. (Emery  v.  San  Francisco  etc.  Co.,  28  Cal.  34.">.) 
This  section  does  not  apply  to  an  assessment  for 
a  street  improvement.  (Burnett  v.  Sacramento.  12 
Cal.  76;  Doyle  v.  Austin,  47  Cal.  353;  Hagar  v.  Super- 
visors, 47  Cal.  222;  Chambers  v.  Satterlee.  40  Cal.  497.) 
A  charge  imposed  on  all  property  of  a  district, 
to  be  used  in  constructing  levees  to  protect  the  dis- 
trict from  overflow,  is  a  tax  and  not  an  assessment. 
(People  V.  Whyler,  41  Cal.  3.51;  Williams  v.  Corcoran, 
46   Cal.   553;   Smith   v.   Farrelly,   52   Cal.   77.) 


Ai-t.  XIII,  §  1     CONSTITUTION  OF  1879.  306 

An  "assessment"  for  a  local  improvement  is  a 
"tax,"  and,  wliile  it  need  not  be  assessed  on  the 
ad  valorem  principle,  it  must  be  equal  and  uniform. 
(People  V.   Lynch,  51   Cal.   15.) 

The  fact  that  a  statute  designates  as  a  "tax"  that 
which  in  its  elements  is  an  "assessment"  does  not 
make  it  a  "tax."     (Doyle  v.  Austin,  47  Cal.  353.) 

The  legislature  cannot  levy  an  assessment  not 
uniform  and  equal,  nor  can  it  validate  an  assess- 
ment ^  oid  for  Avaut  of  uniformity  and  equality.  (Peo- 
ple V.  Lynch,  51  Cal.  15.) 

An  assessment  cannot  be  laid  upon  lots  for  street 
work  done  under  an  abortive  contract  with  the 
municipality.     (In  re  Market  Street,  49  Cal.  546.) 

The  "front-foot"  method  of  assessment  is  valid. 
(Oakland  etc.  Co.  v.  Rier.  52  Cal.  270;  People  v. 
Lynch,  51  Cal.  15;  Walsh  v.  Mathews,  29  Cal.  123; 
Hadley  v.  Dague.  130  Cal.  207.  62  Pac.  500;  Cohen 
V.  Alameda.  124  Cal.  504.  57  Pac.  377;  Chambers  v. 
Satterlee,  40,  Cal.  407;  Emery  v.  San  Francisco  etc. 
Co.,  28  Cal.  345:  Emery  v.  Bradford,  29  Cal.  75;  Tay- 
lor V.  Palmer.  31  Cal.  240;  Whiting  v.  Quackenbush. 
54  Cal.  30G;  Whiting  v.  Townsend.  57  Cal.  515;  Lent 
V.  Tillson,  72  Cal.  404.  14  Pac.  71;  Jennings  v.  Le 
Breton,  SO  Cal.  8.  21  Pac.  1127;  San  Francisco  etc. 
Co.  V.  Bates.  22  Cal.  Dec.  302;  Banaz  v.  Smith,  21 
Cal.  Doc.  735.) 

An  act  levying  the  cost  of  a  street  improvement 
upon  the  adjacent  property,  in  accordance  with  the 
assessed  value  of  the  land,  is  valid.  (Burnett  v. 
Sacramento.    12   Cal.    76.) 

The  legislature  may  provide  for  a  local  public 
improvement  for  the  benefit  of  a  portion  of  the 
state,  :hi(1  may  tax  all  land  within  a  limited  dis- 
trict, notwithstanding  some  of  the  property  of  the 
district  will  not  ro((>ive  any  benefit,  and  some  prop- 
er! v  outside  of  the  district  may  be  incidentally  bene- 
fitwl.  (In  re  Madera  Irr.  Dist.,  92  Cal.  296,  28  Pac. 
272.) 

An  assessment  upon  specified  property  can  be 
su[)ported  only  upon  tlie  ground  that  the  property 
taxed  is  benefited  by  tli(>  improvement.  (In  re  Mar- 
ket  Street,   49    Cal. '546.) 


307  CONSTITUTION  OF  1879.    Art.  XIII,  §  IY2 

The  fact  that  levees  built  to  protect  the  land  of 
a  district  from  overflow  injure  some  of  the  land 
instead  of  benefiting  it  does  not  render  the  tax  un- 
equal or  void  for  want  of  uniformity.  (People  v. 
Whyler.  41  Cal.  351.) 

A  tax  levied  on  the  property  of  a  given  district, 
to  pay  for  a  local  improvement,  which  is  assessed 
upon  the  parcels  of  property  in  the  district  in  pro- 
portion to  the  benefit  each  parcel  derives  from  the 
worlc.  is  unconstitutional.  Such  tax  must  be  levied 
on  all  propertv  according  to  its  value.  (People  v. 
Whyloi-,  41   Cal.   351.) 

An  owner  may  be  made  personally  liable  for  the 
expense  of  a  street  improvement.  (Walsli  v.  Math- 
ews, 29  Cal.  123.  Creighton  v.  Manson,  27  Cal.  613, 
■  overruled.) 

An  act  requiring  the  owner  of  a  lot  to  keep  the 
street  in  front  of  it  in  repair  after  it  has  been 
planked  and  graded  is  valid.  (Hart  v.  Gaven,  12 
Cal.   477.) 

The  fact  that  a  town  is  included  within  an  irriga- 
tion district  does  not  invalidate  the  district,  since 
even  though  the  land  is  not  susceptible  of  irriga- 
tion, it  may  be  benefited  by  the  improvement.  (In 
re  Madera  Irr.  Dist,  92  Cal.  296,  28  Pac.  272.) 

Recovery  of  taxes. — An  action  to  recover  munici- 
pal taxes  is  an  action  upon  a  liability  created  by 
statute,  and  is  barred  in  three  years;  and  where  it 
has  the  force  of  a  judgment,  it  is  barred  in  five 
years.  (San  Diego  v.  Higgins,  115  Cal.  170,  46  Pac. 
923.) 

Sec.  1^.  All  buildings,  and  so  much  of  the 
real  propert}''  on  which  they  are  situated  as  may 
he  required  for  the  convenient  use  and  occupa- 
tion of  said  buildings,  when  the  same  are  used 
solely  and  exclusively  for  religious  worship,  shall 
be  free  from  taxation;  provided,  that  no  building 
so  used  which  may  be  rented  for  religious  pur- 
poses  and  rent  received  by  the  owner  therefor. 


Art.  XIII,  §§  2-4    CONSTITUTION  OF  1879.  308 

shall    be    exempt    from    taxation.      [Amendment 
adopted  November  6,  1900.] 

Sec.  2.  Land,  and  the  improvements  thereon, 
shall  be  separately  assessed.  Cultivated  and  un- 
cultivated land,  of  the  same  quality,  and  similarly 
situated,  shall  be  assessed  at  the  same  value. 

ASSESSMENT  OE  LAND.— An  assessment  of 
land  claimed  and  occupied  by  a  railroad  company 
as  a  right  of  way,  together  with  the  track  and  all 
superstructures  and  substructures,  without  any  sep- 
arate assessment  of  land  and  improvement,  is  void. 
(California  etc.  K.  E.  Co.  v.  Mecartnev,  1U4  Cal.  61G, 
38  Pac.  418.) 

Sec.  3.  Every  tract  of  land  containing  more 
than  six  hundred  and  forty  acres,  and  which  has 
been  sectionized  by  the  United  States  government, 
shall  be  assessed,  for  the  purposes  of  taxation,  by 
sections  or  fractions  of  sections.  The  legislature 
shall  provide  by  law  for  the  assessment,  in  small 
tracts,  of  all  lands  not  sectionized  by  the  United 
States  government. 

Sec.  4.  A  mortgage,  deed  of  trust,  contract, 
or  other  obligation  by  which  a  debt  is  secured, 
shall,  for  the  purposes  of  assessment  and  taxation, 
be  deemed  and  treated  as  an  interest  in  the  prop- 
erty affected  thereby.  Except  as  to  railroad  and 
other  quasi  puljlic  corporations,  in  case  of  debts 
so  secured,  tbc  value  of  the  property  affected  by 
such  mortgage,  deed  of  trust,  contract,  or  obliga- 
tion, less  the  value  of  such  security,  sliall  be  as- 


Article 

XIII,  Section  If. 

Sec. 

If.    All   bonds   her 

eafter 

issued   by 

the 

State  of  California,  or  by 

any  county,  city 

and 

county, 

municipal  corporation,   or  district 

(in- 

chiding- 

school,  reclamation,  and 

irrigation 

dis- 

tricts) 

within    said    state. 

,    shall 

be    free 

and 

exempt 

from  taxation.      (Amendment   adopted 

November  4,  1902.) 

30!)  CONSTITUTION  OF  1879.     Art.  XIII,  §  4 

sessed  and  taxed  to  the  owner  of  the  property, 
and  the  value  of  such  security  shall  be  assessed 
and  taxed  to  the  owner  thereof,  in  the  county, 
city,  or  district  in  which  the  property  affected 
thereby  is  situate.  The  taxes  so  levied  shall  be 
a  lien  upon  the  property  and  security,  and  may  be 
paid  by  either  party  to  such  security;  if  paid  by 
the  owner  of  the  security,  the  tax  so  levied  upon 
the  property  affected  thereby  shall  become  a  part 
of  the  debt  so  secured;  if  the  owner  of  the  prop- 
erty shall  pay  the  tax  so  levied  on  such  security, 
it  shall  constitute  a  payment  thereon,  and  to 
the  extent  of  such  payment  a  full  discharge  there- 
of;  provided,  that  if  any  such  security  or  indebt- 
edness shall  be  paid  by  any  such  debtor  or  debtors, 
after  assessment  and  before  the  tax  levy,  the 
amount  of  such  levy  may  likewise  be  retained  by 
such  debtor  or  debtors,  and  shall  be  computed  ac- 
cording to  the  tax  levy  for  the  preceding  year, 

ASSESSMENT  OF  MORTGAGES.— A  mortgage  as 
such  is  not  liable  to  l)e  assessed,  but  the  assess- 
ment should  be  made  of  the  debt  which  the  mort- 
gage was  given  to  secure.  (People  v.  Eastman,  25 
Cal.  601.) 

The  provisions  of  this  section  apply  to  mortgages 
executed  prior  to  the  adoption  of  the  constitution. 
(McCoppin  V.  McCartney,  60  Cal.  3G7.) 

Where  a  mortgage  executed  prior  to  the  new  con- 
stitution made  no  provision  as  to  who  should  pay 
the  taxes,  the  mortgagee  is  made  primarily  liable  for 
them  by  this  section.  (Hay  v.  Hill,  65  Cal.  383,  4 
Pac.   378.) 

An  assessment  levied  by  an  irrigation  district  may 
be  levied  upon  all  lands,  without  deducting  there- 
from aiiv  mortgages  thereon.  (Tregea  v.  Owens,  'J4 
Cal.  317,'  29  Pac.  643.) 


Art.  XIII,  §  4     CONSTITUTION  OF  1879.  310 

"Whether  the  loan  secured  by  the  stocks  and  bonds 
is  or  is  not  an  interest  in  the  "property  affected 
thereby"  for  the  purpose  of  taxation  within  the 
meaning  of  this  section,  ajid  concedincr  tliat  the 
stocks  and  bonds  may  be  exempt  from  taxation,  the 
debt  secured  thereby  for  money  loaned  is  not  ex- 
empt, but  may  be  taxed  to  the  lender.  (Savings  etc. 
Soc.  V.  San  Francisco,  131  Cal.  356.) 

A  mortgage  is  not  "real  estate."  except  for  the 
purpose  of  taxation.  The  mortgagor  is  still  the 
owner  of  the  land,  and  it  is  subject  to  liens  for 
taxes  upon  personal  property  owned  by  the  mort- 
gagor. (California  etc.  Co.  v.  Weis,  118  Cal.  489,  50 
Pac.   697.) 

An  assessment  of  a  "mortgage  upon  the  following 
described  property,  to  wit"  (describing  the  mort- 
gaged premises),  is  an  assessment  of  the  land  and 
not  merely  the  mortgage.  (Doland  v.  Mooney,  72 
Cal.  34,   13  Pac.   71.) 

Bonds  of  a  railroad  company  secured  by  mort- 
gages of  its  property  within  the  state  are  not  as- 
sessable to  the  liolder  of  the  bonds.  (Germania  etc. 
Co.  V.  San  Fi-ancisco,  128  Cal.  589,  61  Pac.  178;  Es- 
tate of  Fair,  128  Cal.  607.  61  Pac.  184.) 

Receipts  for  taxes  on  mortgaged  lands  found  in 
the  possession  of  the  deceased  mortgagee  raise  a 
presumption  that  the  taxes  Avere  paid  by  him,  though 
they  are  in  the  name  of  the  mortgagor.  (Lloyd  v. 
Davis,  123  Cal.  348.  55  Pac.   1003.) 

The  last  clause  of  this  section  gives  the  mort- 
gagor an  exclusive  remedy,  and.  if  he  fails  to  retain 
the  money,  he  cannot  recover  it  from  the  mort- 
gagee. (San  Gabriel  Co.  v.  Witmer  Co.,  96  Cal.  623, 
29  Pac.  500.   31   Pac.   588.) 

The  property  of  railroad  and  other  quasi  public 
corporations  is  subject  to  taxation,  without  deduc- 
tion of  any  mortgage  or  otlicr  like  lien  tliereon. 
(Central  Pac.  K.  11.  Co.  v.  I'.oard  of  Eciualization, 
60   Cal.   35.) 

Tlie  provision  of  tliis  section  taxing  property  of 
quasi  public  corporations,  witliout  deduction  of  liens 
tliereon,  is  not  in  eoiillict  with  the  provision  of  the 
United  States  constiUition  that  no  st^ite  shall  "deny 
any  person  within  its  jurisdiction  the  equal  protec- 


311  CONSTITUTION  OF  1879.      Art.  XIII,  §  5 

tion  of  the  laws,"  since  that  provision  does  not 
apply  to  artificial  persons.  (Central  Pac.  II.  R.  Co. 
V.  Board  of  Equalization,  60  Cal.  35.) 

Sec.  5.  Every  contract  hereafter  made,  by 
which  a  debtor  is  obligated  to  pay  any  tax  or  as- 
sessment on  money  loaned,  or  on  any  mortgage, 
deed  of  trust,  or  other  lien,  shall,  as  to  any  in- 
terest specified  therein,  and  as  to  suck  tax  or  as- 
sessment, be  null  and  void. 

PAYMEl^T  OF  TAXES  ON  MORTGAGES.— This 

section  only  applies  to  contracts  made  after  its 
adoption.     (Beclvinau  v.  Ska.cffs,  50  Cal.  541.) 

A  provision  in  a  mortgage  that  the  mortgagee 
"may  pay  all  taxes,  etc.,  upon  the  property,  and  the 
same  shall  be  repaid  with  interest  thereon  at  the 
rate  of  one  per  cent  per  month,"  does  not  violate 
this  section.     (Bank  of  Ukiah  v.  Reed,  131  Cal.  597.) 

A  contemporaneous  agreement  between  the  mort- 
gagor and  mortgagee  that  if  the  mortgagor  should 
present  proper  official  receipts  showing  the  payment 
of  the  mortgage  tax,  he  should  receive  credit  of  two 
and  one-half  per  cent,  upon  the  mortgage  note,  is 
not  in  violation  of  this  section,  as  it  is  not  enforce- 
able against  the  mortgagor,  but  simply  permissive. 
(Hewitt  V,  Dean,  91  Cal.  5,  27  Pac.  423.) 

But  where  a  mortgage  provides  for  interest  of  one 
per  cent,  per  month,  but  the  mortgagee,  by  a  sepa- 
rate inslriiment  agrees  that  he  will  only  exact  in- 
terest amounting  to  eight  per  cent,  per  annum  and 
agrees  to  refund  all  interest  paid  over  and  above 
this  amount  after  he  has  paid  out  of  said  one  per 
cent,  per  month  the  mortgage  tax,  the  two  instru- 
ments must  be  construed  together,  and,  so  construed, 
they  cuustiLute  an  agreement  for  eight  per  cent,  per 
annum  interest,  with  the  mortgagors  paying  the  tax, 
and  under  this  section,  such  a  contract  is  void. 
(Matthews  v.  Ormerd,  22  Cal.   Dec.  3G9.) 

A  provision  in  a  mortgage  that,  in  case  of  fore- 
closure, the  mortgagee  may  include  all  payments 
made  by  him  for  the  taxes  on  the  mortgage,  is  void, 


Art.  XIII,  §§  6-8     CONSTITUTION  of  1879,  312 

and  renders  void  the  mortgage  as  to  the  payment 
of  interest;  but  if  the  mortgagor  pays  the  interest 
he  cannot  recover  it  back.  (Harralsou  v.  Barrett,  99 
Cal.  607,  34  Pac.  342;  Garms  v.  Jensen,  103  Cal. 
374,    37    Pac.    337.) 

Evidence  of  a  parol  agreement  between  the  par- 
ties to  the  mortgage,  whereby  the  mortgagor  imder- 
took  to  pay  the  taxes  W'hich  might  be  assessed  and 
levied  upon  the  mortgage,  is  inadmissible.  (Daw  v. 
Niles,  104  Cal.  106.  37  Pac.  876;  Harrelson  v.  Tomich, 
107  Cal.  627,  40  Pac.  10.32;  California  State  Bank  v. 
Webber,  110  Cal.  538.  42  Pac.  1066.) 

Where  a  conventional  rate  of  interest  is  agreed 
upon,  a  verbal  agreement  that  if  the  mortgagor 
slionld  pay  the  taxo^  on  the  mortgage,  a  reduction 
should  be  allowed  upon  the  agreed  interest,  is  not 
in  violation  of  this  provision.  (California  State 
Bank  v.  Webber,  110  Cal.  538.  42  Pac.  1066.) 

A  contemporaneous  agreement  by  the  mortgagor  to 
pay  tlie  tax  on  the  mortgage  is  void.  (Burbridge  v. 
Lemmert,  99  Cal.  493,  32  Pac.  310.) 

Sec.  6.  The  power  of  taxation  shall  never  be 
surrendered  or  suspended  by  any  grant  or  eon- 
tract  to  which  the  state  shall  be  a  party. 

Sec.  7.  The  legislature  shall  have  the  power 
to  provide  by  law  for  the  payment  of  all  taxes 
on  real  property  by  installments. 

Sec.  8.  The  legislature  shall  by  law  require 
each  taxpayer  in  tliis  state  to  make  and  deliver 
to  the  county  assessor,  annually,  a  statement,  un- 
der oath,  setting  forth  specifically  all  the  real  and 
personal  property  owned  by  such  taxpayer,  or  in 
his  possession,  or  under  his  control,  at  twelve 
o'clock  meridian,  on  the  first  Monday  of  March. 


313  CONSTITUTION  OF  1870.     Art.  XIII,  §  9 

ASSESSMENT.— A  tax  must  rest  upon  an  assess- 
ment made  in  the  mode  prescribed  by  law,  by  an 
assessor  elected  by  the  qualified  electors  of  tlie  dis- 
trict, county,  or  town  in  which  the  property  is  taxed. 
(People  V.  Hastings,  29  Cal.  449.) 

An  assessment  made  by  an  assessor  of  the  city 
and  county  of  Sacramento  is  not  sufficient  basis  for 
the  levy  of  a  tax  in  the  city  of  Sacramento  for  city 
purposes.     (People  v.   Hastings,  29  Cal.  449.) 

The  sheriff,  as  such,  cannot  perform  the  duties 
of  tax  collector.     (Lathrop  v.  Brittain,  SO  Cal.  680.) 

The  assessment  must  be  made  by  the  assessor, 
and,  if  not  so  made,  the  legislature  cannot  supply 
the  defect  by  a  curative  act;  but,  if  the  assessment 
is  good  in  substance,  any  error  in  mode,  form,  etc., 
may  be  remedied  bv  the  legislature.  (People  v.  Mc- 
Creery,   34  Cal.   432.) 

Although  the  legislature  cannot  by  law  transfer 
the  duties  of  tax  collector  from  a  person  elected 
as  such  to  one  not  sp  elected,  it  may  provide  for 
the  election  of  a  person  as  tax  collector  who  may 
enter  upon  the  discharge  of  his  duties  before  the 
expiration  of  the  term  of  a  tax  collector  elected 
under  the  law  as  it  previously  stood.  (Mills  v.  Sar- 
gent, 36  Cal.  379.) 

The  provision  of  section  3633  of  the  Political 
Code,  providing  for  an  arbitrary  assessment,  is  not 
in  conflict  with  this  section.  (Orena  v.  Sherman, 
61    Cal.    101.) 

This  section  only  has  reference  to  prospective  as- 
sessments, and  does  not  supersede  a  provision  of 
a  citv  charter.  (Stockton  v.  Insurance  Co.,  73  Cal. 
621,    35    Pac.    314.) 

See.  9.  A  state  board  of  equalization,  consist- 
ing of  one  member  from  each  congressional  dis- 
trict in  this  state,  as  the  same  existed  in  eigliteen 
hundred  and  seventy-nine,  shall  be  elected  by  the 
qualified  electors  of  their  respective  districts,  at 
the  general  election  to  be  held  in  the  year  one 
thousand  eight  hundred  and  eighty-six,   and  at 

Constitution— 27 


Art.  XIII,  §  9      coxsTiTUTiox  of  1879.  314 

each  gubernatorial  election  thereafter,  whose  term 
of  office  shall  be  for  four  years,  whose  duty  it  shall 
be  to  equalize  the  valuation  of  the  taxable  prop- 
erty in  the  several  counties  of  the  state  for  the 
purposes  of  taxation.  The  controller  of  state 
shall  be  ex  officio  a  member  of  the  board.  The 
boards  of  supervisors  of  the  several  counties  of 
the  state  shall  constitute  boards  of  equalization 
for  their  respective  counties,  whose  duty  it  shall 
be  to  equalize  the  valuation  of  the  taxable  prop- 
erty in  the  county  for  the  purpose  of  taxation; 
provided,  such  state  and  county  boards  of  equal- 
ization are  hereby  authorized  and  empowered,  un- 
der such  rules  of  notice  as  the  county  boards  may 
prescribe  as  to  the  county  assessments,  and  under 
such  rules  of  notice  as  the  state  board  may  pre- 
scribe as  to  the  action  of  the  state  board,  to  in- 
crease or  lower  the  entire  assessment-roll,  or  any 
assessment  contained  therein,  so  as  to  equalize 
the  assessment  of  the  property  contained  in  said 
assessment-roll,  and  make  the  assessment  conform 
to  the  true  value  in  money  of  the  property  con- 
tained in  said  roll;  provided,  tbat  no  board  of 
equalization  shall  raise  any  mortii'age,  deed  of 
trust,  contract,  or  other  obligation  by  which  a 
debt  is  secured,  money,  or  solvent  credits,  above 
its  face  value.  Tbe  present  state  board  of  equali- 
zation shall  continue  in  olVice  until  their  succes- 
sors, as  herein  provided  for.  sliallbe  elected  and 
shall   qualify.     Tbe  legislature   shall  have  power 


315  CONSTITUTION  OF  1879.      Art.  Xlir,  §9 

to  redistrict  the  state  into  four  districts,  as  nearly 
equal  in  population  as  practicable,  and  to  pro- 
vide for  the  election  of  members  of  said  board 
of  equalization.  [Eatification  declared  February 
12,  1885.] 

[ORIGINAL  SECTION.] 

Sec.  9.  A  state  board  of  equalization,  consisting  of 
one  member  from  each  congressional  district  in  this 
state,  shall  be  elected  by  the  qualified  electors  of 
their  respective  districts  at  the  general  election  to  be 
held  in  the  year  eighteen  hundred  and  seventy-nine, 
whose  term  of  office,  after  those  first  elected,  shall 
be  four  years,  whose  duty  it  shall  be  to  equalize 
the  valuation  of  the  taxable  property  of  the  several 
counties  in  the  state  for  the  purposes  of  taxation. 
The  controller  of  state  shall  be  ex  offlvio  a  member 
of  the  board.  The  boards  of  supervisors  of  the  sev- 
eral counties  of  the  state  shall  constitute  boards  of 
equalization  for  their  respective  counties,  whose  duty 
it  shall  be  to  equalize  the  valuation  of  the  taxable 
property  in  the  county  for  the  purpose  of  taxation; 
provided,  such  state  and  county  boards  of  equaliza- 
tion are  hereby  authorized  and  empowered,  under 
such  rules  of  notice  as  the  county  boards  may  pre- 
scribe as  to  the  county  assessments,  and  under  such 
rules  of  notice  as  the  state  board  may  prescribe,  as  to 
the  action  of  the  state  board,  to  increase  or  lower  the 
entire  assessment-roll,  or  any  assessment  contained 
therein,  so  as  to  equalize  the  assessment  of  the  prop- 
erty contained  in  said  assessment-roll,  and  make 
the  assessment  conform  to  the  true  value  in  money 
of  the  property   contained  in  said  i"oll. 

[An  amendment  to  this  section  was  voted  upon  No- 
vember G,  1S9-1,  but,  allhough    it    appears    in    some 


Art.  XIII,  §  9     CONSTITUTION  OF  1879.  316 

publications  as  having  been  ratified,  it  was  defeated 
by  a  vote  of  88,605  noes  to  86,777  ayes.] 

BOASD  OF  EQUALIZATION.— It  is  within  the 
constitutional  power  of  the  legislature  to  create  a 
state  board  of  equalization.  (Savings  etc.  Soc.  v. 
Austin,  46  Cal.  415.) 

Section  1666  of  the  Political  Code  is  unconstitu- 
tional, in  so  far  as  it  delegates  to  the  state  board  of 
equalization  the  right  to  fix  the  rate  of  taxation 
"after  allowing  for  delinquency  in  the  collection  of 
taxes,"  because  it  is  a  delegation  of  legislative 
power.  (Houghton  v.  Austin,  47  Cal.  646.  Savings 
etc.  Soc.  V.  Austin.  46  Cal.  415,  overruled  on  this 
point.  See,  also,  Grimm  v.  O'Connell,  54  Cal.  522; 
Wills  V.  Austin,  53  Cal.  152;  Harper  v.  Kowe,  53 
Cal.  233.) 

The  state  board  of  equalization  has  no  power  to 
malie  a  reassessment  and  reapportionment  of  taxes 
upon  a  railroad  for  previous  years,  if  the  taxes  for 
such  years  were  originally  validly  assessed  and  ap- 
portioned. (Colusa  County  v.  Glenn  County,  124 
Cal.    498,    57    Pac.    477.) 

Mandamus  will  not  lie  to  compel  the  assessor  to 
assess  property  in  excess  of  its  value,  upon  the 
ground  that  it  was  greatly  undervalued  in  the  previ- 
ous fiscal  year.  (Clunie  "v.  Siebe,  112  Cal.  593,  44 
Pac.  1064.) 

As  to  the  notice  to  be  given  by  the  board  to  the 
taxpayer,  see  Allison  Ranch  etc.  Co.  v.  Nevada  Co., 
104    Cal.    161.    37    Pac.    87.".. 

Section  3801  of  the  Political  Code,  requiring  the 
assessor,  at  th.e  request  of  the  board  of  equaliza- 
tion, to  list  and  assess  property  wliich  ho  has  failed 
to  assess,  is  not  in  confiict  with  tliis  section,  since 
it  simply  confers  an  additional  power  ui)on  tlie 
board.  (Farmers'  etc.  Bank  v.  Board  of  Equaliza- 
tion.  97  Cal.  318,  32  Pac.  312.) 

An  act  authorizing  an  assessment  of  taxes,  after 
the  time  witliin  which  the  board  of  supervisors  can 
meet  for  the  purpose  of  equalization.  Is  violative 
of  this  section.  (People  v.  Pittsburg  II.  R.  Co.,  07 
Cal.   625.   8   Pac.   ."ISl.) 

The  state  board  of  equalizntion  has  poAver  to  in- 
crease or  lower  the  assessment-roll  of  a  county  so 


317  CONSTITUTION  OF  1879.     Art.  XIII,  §  9 

as  to  affect  taxes  for  county  purposes.  (Baldwin  v. 
Ellis.  6S  Cal.   405,  9  Pac.   652.) 

The  action  of  the  state  board  of  equalization  in 
raising  the  assessment-roll  of  a  county  under  this 
section  ooerates  upon  mortgage  assessments. 
(Schroeder  v.  Grady,  GO  Cal.  212,  5  Pac.  81.) 

The  state  board  of  equalization  has  no  power  to  in- 
crease the  assessment  of  money,  where  the  money 
is  already  assessed  at  its  face  value.  (People  v. 
Dunn.    59    Cal.    328.) 

A  refusal  of  a  state  board  of  equalization  to  re- 
duce an  assessment  does  not  preclude  the  board  from 
afterward  raising  the  same  assessment.  (Central 
Pac.  R.  K.  Co.  V.  Placer  Co.,  46  Cal.  667.) 

The  board  of  equalization  has  no  power  to  strike 
out  from  an  assessment,  made  by  an  assessor,  prop- 
erty assessed  by  him.  (People  v.  Supervisors,  50 
Cai.   282.) 

The  board  of  equalization  has  no  power  to  cancel 
an  assessment  for  taxes  placed  bv  the  assessor  upon 
the  assessment-roll.  (I'eople  v.  Supervisors,  44  Cal. 
613.) 

The  board  of  equalization,  in  passing  on  the  ques- 
tion whetlier  an  assessment  is  too  high  or  too  low, 
acts  in  a  .iudicial  capacity.  (People  v.  Goldtree,  44 
Cal.    323.) 

A  board  of  equalization  acts  .iudicially  in  raising 
or  lowering  an  assessment,  and  has  no  arbitrary 
power  of  assessment  or  reassessment.  It  cannot  act 
'Without  a  hearing,  upon  notice  given  to  the  person 
assessed,  nor  change  an  assessment  made  by  the 
assessor  without  evidence  adduced  authorizing  such 
change.  (Oakland  v.  Southern  Pac.  R.  R.  Co.,  131 
Cal.   226.) 

In  order  to  give  the  board  of  equalization  jurisdic- 
tion to  increase  the  valuation  of  property  assessed, 
the  filing  of  a  complaint  is  necessarv.  (People  v. 
Goldtree,  44  Cal.  323.) 

The  state  board  of  equalization  cannot  delegate 
to  its  clerk  authority  to  issue  orders  prolonging  the 
time  of  the  sessions  of  the  county  boards  of  equali- 
zation. (Buswell  V.  Supervisors,  116  Cal.  351  48 
Pac.  226.) 

The    board    of   equalization    may   appoint    a    com- 


Art.  XIII,  §  10    coxsTiTUTiON  OF  1870.  318 

mittee   to    take    testimony   as   to    the  valuation   of 
property.     (People  v.   McCreery,  34  Cal.  432.) 

Tlie  presumption  of  law  is  that  a  board  of  equaliza- 
tion perform  tlieir  duty  and  correct  any  inequality 
in  the  assessment  of  taxes.  (Guy  v.  Washburn,  23 
Cal.  111.) 

The  proviso  to  this  section  is  to  be  read  dis- 
tributively,  that  is  to  say,  as  authorizing  the  state 
board  to  increase  or  lower  the  entire  assessment-roll 
of  any  county,  and  the  county  boards  to  increase  or 
lower  the  individual  assessments  of  their  respective 
counties.  The  state  board,  therefore,  has  no  power 
to  increase  or  lower  individual  assessments;  nor  has 
a  county  board  the  power  to  increase  or  lower  the 
entire  assessment-roll.  (Wells,  Fargo  &  Co.  v.  Board 
Ol  Equalization.  5(j  Cal.  194;  San  Francisco  etc. 
R.  R.  Co.  V.  State  Board,  00  Cal.  12.) 

This  section  does  not  make  it  necessary  for  a  county 
board,  in  a  return  to*  a  writ  of  cei-tioi'arl,  to  set  out 
general  rules  of  notice  adopted  by  the  board.  (Gar- 
retson  v.  Santa  Barbara,  01  Cal.  54.) 

Sec.  10.  All  property,  except  as  hereinafter  in 
this  section  provided,  shall  be  assessed  in  the 
county,  city,  city  and  county,  town,  township,  or 
district  in  which  it  is  situated,  in  the  manner 
prescribed  by  law.  The  franchise,  roadway,  road- 
bed, rails  and  rolling  stock  of  all  railroads  operate(J 
in  more  than  one  county  in  this  state  shall  be  as- 
sessed by  the  state  board  of  equalization,  at  their 
actual  value,  and  the  same  shall  be  apportioned  to 
the  counties,  cities  and  counties,  cities,  towns, 
townships,  and  districts  in  which  such  railroads 
are  located,  in  proportion  to  the  number  of  miles 
of  railway  laid  in  such  counties,  cities  and  coun- 
ties, cities,  towns,  townships,  and  districts. 


319  CONSTITUTION  OF  1879.      Art.  XIII,  §  10 

SITUS  OF  PROPERTY. -This  section  is  self-exe- 
cutlnir.  (San  Francisco  etc.  R.  R.  Co.  v.  State  Board, 
60  Cal.   12.) 

It  has  no  relation  to  the  assessment  of  the  prop- 
erty of  raih'oad  corporations,  operated  in  more  than 
one  county.  (Central  Pac.  R.  R.  Co.  v.  Board  of 
Equalization,   60    Cal.    35.) 

Boards  of  supervisors  of  the  several  counties 
through  which  run  railroads  operated  in  more  than 
one  county,  have  no  jurisdiction  to  raise  or  lower 
the  assessment  placed  upon  the  property  of  such 
roads  by  the  board  of  equalization.  (People  v.  Sac- 
ramento County,  59  Cal.  321.) 

This  section  does  not  in  terms  require  the  assessed 
value  of  the  franchise,  roadway,  roadbed,  rails,  and 
rollincr  stock,  to  be  separately  apportioned.  (San 
Francisco  etc.  R.  R.  Co.  v.  State  Board,  60  Cal.  12.) 

Steamer?  used  by  a  railroad  company  in  transport- 
ing its  freight-cars  across  the  bay  of  San  Francisco 
are  not  included  in  the  property  mentioned  in  this 
section,  and  should  be  assessed  by  the  local  asses- 
sors, and  not  by  the  state  board  of  equalization. 
(San  Francisco  v.  Central  Pac.  R.  R.  Co.,  63  Cal.  467.) 

A  law  providing  for  the  assessment  and  collec- 
tion of  taxes  upon  railroads  operating  in  more  than 
one  county  is  valid.  (People  v.  Central  Pac.  R.  R. 
Co.,  105  Cal.  570,  38  Pac.  905.  People  v.  Central  Pac. 
R.  R.  Co..  83  Cal.  393,  23  Pac.  303.  overruled.) 

In  making  a  reassessment  of  railroad  taxes,  to 
take  the  place  of  an  invalid  assessment  of  a  pre- 
vious year,  it  is  the  duty  of  the  board  to  make  the 
apportionment  to  the  counties  as  they  existed  at  the 
time  of  the  invalid  assessment,  and  not  at  the  time 
of  the  reassessment.  (San  Diego  County  v.  River- 
side County.  125  Cal.  495,  58  Pac.  81.) 

For  the  purpose  of  taxation,  the  situs  of  money 
belonging  to  the  estate  of  a  decedent  is  in  the  coun- 
ty where  the  decedent  resided  at  the  time  of  his 
death,  and  the  situs  is  not  changed  by  placing  th6 
money  on  general  deposit  in  a  bank  of  another 
county.  (San  P^rancisco  v.  Lux,  64  Cal.  481,  2  Pac. 
254.) 

Debts  are  taxable  at  the  domicile  of  the  creditor. 
(Pacitic  etc.  Soc.  v.  San  Francisco,  21  Cal.  Dec.  705.) 


Art.  XIII,  §§  11-13    CONSTITUTION  OF  1S79.  320 

Sec.  11.  Income  taxes  ma}^  be  assessed  to  and 
collected  from  persons,  corporations,  joint-stock 
associations,  or  companies  resident  or  doing  busi- 
ness in  this  state,  or  any  one  or  more  of  them, 
in  such  cases  and  amounts,  and  in  such  manner,, 
as  shall  be  prescribed  by  law. 

Sec.  12.  The  legislature  shall  provide  for  the 
levy  and  collection  of  an  annual  poll  tax  of  not 
less  than  two  dollars  on  every  male  inhabitant  of 
this  state,  over  twenty-one  and  under  sixty  years 
of  age,  except  paupers,  idiots,  insane  persons, 
and  Indians  not  taxed.  Said  tax  shall  be  paid 
into  the  state  school  fund. 

SCHOOL  TAXES.— A  statute  authorizin.?  county 
assessors  to  retain,  as  their  compensation  in  coi- 
leetiiig,  fifteen  per  cent,  of  all  poll  taxes  collected 
by  them,  is  not  In  contlict  with  this  section.  (San 
Luis  Obispo  County  v.  Felts,  1U4  Cal.  GO,  37  Pac. 
780.) 

Sec.  12f.  Fruit  and  nut-bearing  trees  under 
the  age  of  four  years  from  the  time  of  planting 
in  orchard  form,  and  grapevines  under  the  age 
of  three  years  from  the  time  of  planting  in  vine- 
yard form,  shall  be  exempt  from  taxation,  and 
nothing  in  this  article  shall  be  construed  as  sub- 
jecting such  trees  and  grapevines  to  taxation. 
[Amendment  adopted  November  G,  1894.] 

Sec.   13.     The  legislature   shall   pass  all  laws 
'necessary  to  carry  out  the  provisions  of  tliis  ar- 
ticle. 


321  CONSTITUTION  OF  1879.       Art.  XI V,  §  1 


AETIOLE  XIV. 

WATER  AND  WATER  RIGHTS. 

Section  1.  The  use  of  all  water  now  appropri- 
ated, or  that  may  hereafter  be  appropriated,  for 
sale,  rental,  or  distribution,  is  hereby  declared  to 
be  a  public  use,  and  subject  to  the  regulation  and 
.control  of  the  state,  in  the  manner  to  be  pre- 
scribed by  law;  provided,  that  the  rates  or  com- 
pensation to  be  collected  by  any  person,  company, 
or  corporation  in  this  state  for  the  use  of  water 
supplied  to  any  city  and  county,  or  city  or  town, 
or  the  inhabitants  thereof,  shall  be  fixed,  annually, 
by  the  board  of  supervisors,  or  city  and  county, 
or  city  or  town  council,  or  other  governing  body 
of  such  city  and  county,  or  city  or  town,  by 
ordinance  or  otherwise,  in  the  manner  that  other 
ordinances  or  legislative  acts  or  resolutions  are 
passed  by  such  body,  and  shall  continue  in  force 
for  one  year  and  no  longer.  Such  ordinances  or 
resolutions  shall  be  passed  in  the  month  of  Feb- 
ruary of  each  year,  and  take  effect  on  the  first 
day  of  July  thereafter.  Any  board  or  body  fail- 
ing to  pass  the  necessary  ordinances  or  resolutions 
fixing  water  rates,  where  necessary,  within  such 


Art.  XIY,  §  1      CONSTITUTION  OF  1S79.  322* 

time,  shall  be  subject  to  peremptory  process  to 
compel  action  at  the  suit  of  any  party  interested,, 
and  shall  be  liable  to  such  further  processes  and 
penalties  as  the  legislature  may  prescribe.  Any 
person,  company,  or  corporation  collecting  water 
rates  in  any  city  and  county,  or  city  or  town  in 
this  state,  otherwise  than  as  so  established,  shall 
forfeit  the  franchises  and  waterworks  of  such  per- 
son, company,  or  corporation  to  the  city  and 
county,  or  city  or  town  where  the  same  are  col- 
lected, for  the  public  use. 

USE  OF  WATER.— The  provisions  of  this  section 
are  both  self-executing  and  mandatory.  (Spring 
Valley  VV.  \\\  v.  San  Francisco,  01  (al.  18.) 

All" the  provisions  of  the  constitution  in  regard  to 
water  in  municipalities  must  be  taken  and  read 
together,  and  effect  given  to  each  of  them.  They 
must  i-eceive  a  practical  common-sense  construction, 
and  be  considered  with  reference  to  the  prior  state 
of  the  law,  and  the  mischief  intended  to  be  rem- 
edied.    (People  V.   Stephens.  02  Cal.  209.) 

Prior  to  the  adoption  of  the  constitution  of  1879, 
the  right  of  laying  pipes  in  the  streets  of  any  in- 
corporated city  or  town  for  the  purpose  of  supplying 
the  inhabitants  thereof  with  water,  lay  only  in  grant 
from  the  legislature.  (I'eople  v.  Stephens,  02  Cal. 
209.) 

Tliis  section  does  not  api)ly  to  a  case  of  a  cor- 
poration which  acquir(>s  and  holds  water  solely  for 
the  use  of  its  stockliolders.  (McFaddeu  v.  Los  An- 
geles, 74  Cal.  .^)71,  10  Pac.  397.) 

This  section  has  no  reference  to  water  furnished 
by  a  municipality  itself,  but  refers  to  the  rates  to 
be  collected  for  water  authorized  by  section  19,  ni-ti- 
de  11,  of  the  constitution,  to  be  introduced  into 
cities  by  individuals  or  c(>nii)anies  incori)orated  for 
that  purpose.     (People  v.  Stephens,  02  Cal.  209.) 

By  this  section  water  is  declared  to  be  a  public 
use,    .subject    to    the    control    and    regulation    of    the 


S23  CONSTITUTION  OF  1879.      Art.  XIV,  §  1 

legislature  in  the  manner  prescribed  by  statute;  such 
regulation,  liowever,  bein,c:  subject  to  certain  consti- 
tutional provisions,  and  anions  them  the  provision 
in  respect  to  rates.     (People  v.  Stephens.  G2  Cal.  209.) 

Under  this  section  the  use  of  water  for  sale  is  a 
public  use,  and  the  price  at  which  it  shall  be  sold  is 
a  matter  within  the  power  of  the  board  of  super- 
Tisors  to  determine.  (Spring  Valley  W.  W.  v.  San 
Francisco,  82  Cal.  280,  22  Pac.  910.) 

This  section  was  not  intended  to  appropriate  water 
for  the  use  of  the  public  without  compensation. 
(People  V.  Elk  etc.  Co.,  107  Cal.  221.  40  Pac.  531.) 

When  water  is  designated,  set  apart,  and  devoted 
to  purposes  of  sale,  rental,  or  distribution,  it  is  "ap- 
propriated" within  the  meaning  of  this  section, 
without  reference  to  the  mode  of  its  acquisition. 
(Merrill  v.  Southside  Irr.  Co.,  112  Cal.  426,  44  Pac. 
720.) 

Under  this  section  it  is  made  the  duty  of  a  water 
company  supplying  water  for  distribution,  to  fur- 
nish water  upon  tender  of  the  established  rates,  and 
no  other  duty  than  such  tender  can  be  lawfully  pre- 
scribed or  imposed  by  such  company  as  a  condition 
for  supplying  water  as  required  by  law.  (Crow  v. 
San  Joaquin  etc.  Irr.  Co.,  130  Cal.  309.  02  Pac.  5G2.) 

An  agreement  by  a  consumer,  upon  being  fur- 
nished water  upon  credit,  that  no  water  need  be 
furnished  him  in  succeeding  years  until  such  water 
is  paid  for,  is  without  consideration,  it  being  the 
duty  of  the  company  to  furnish  him  the  water, 
whether  he  made  such  agreement  or  not.  (Crow  v. 
f^an  Joaquin  etc.  Irr.  Co.,  130  Cal.  309,  02  Pac.  562, 
Beatty,  C.   J.,   and  McFarland,  .!.,   dissenting.) 

A  person  engaged  in  fvu-nishing  water  to  the  in- 
habitants of  a  city,  under  a  franchise  permitting 
him  to  lay  pipes  through  the  streets,  cannot  without 
reasonable  cause  shut  off  the  water  from  one  of 
such  inhabitants,  who  is  using  the  same  at  a  fixed 
rate.     (McCrary  v.  Beaudry,  67  Cal.  120,  7  Pac.  264.) 

It  was  the  duty  of  the  legislature  to  enact  all 
needful  laws  to  carry  this  section  into  effect;  but 
the  failure  of  the  legislature  to  enact  such  laws  could 
not  prevent  the  establishment  of  the  rates  required 
to  be  establislied  by  the  constitution.  (.People  v. 
Stephens,  62  Cal.  209.) 


Art.  XIV,  §  1      CONSTITUTION  OF  1879.  324 

The  provision  of  tlie  act  of  1858.  requiring  water 
companies  to  furnish  water  free  of  charge  to  cities 
and  counties,  was  abrogated  by  this  section.  (Spring 
V^alley  W.  W.  v.  San  Francisco,  Gl  Cal.  18.) 

The  act  of  18.58  providing  for  the  fixing  of  water 
rates  by  a  commission  was  superseded  by  tliis  sec- 
tion of  the  constitution.  (Spring  Valley  W.  W.  v. 
San  Francisco,  61  Cal.  3.) 

A  water  company  has  the  right  to  shut  off  the 
water  from  a  consumer  who  refuses  to  pay  for  the 
water  supplied.  (Sheward  v.  Citizens'  Water  Co.,  90 
Cal.    635,    27    Pac.    439.) 

Water  rates. — By  this  section  the  power  to  fix 
water  rates  in  San  Francisco  is  granted  solely  to  the 
board  of  supervisors,  and  the  mayor  has  no  power 
to  veto  an  ordinance  fixing  such  rates.  (Jacobs  v. 
Supervisors,  100  Cal.  121,  34  Pac.  030.) 

The  supervisors  are  not  bound  to  give  notice  to  a 
water  company  of  its  intention  to  fix  water  rates; 
but  they  must  make  a  proper  effort  to  procure  all 
necessary  information,  to  enable  them  to  act  intelli- 
gently and  fairly  in  fixing  the  rates.  (Spring  Valley 
W.  W.  V.  San  Francisco,  82  Cal.  286.  22  Pac.  910.) 

The  proceeding  to  fix  water  rates  is  not  adver- 
sary, but  is  conducted  without  notice  to  the  rate 
paver  or  water  company.  (San  Diego  Water  Co.  v. 
San  Diego.  118  Cal.  556,  .50  Pac.  633.) 

This  section  is  not  opposed  to  the  United  States 
constitution  in  not  giving  tlie  water  company  notice. 
(San  Diego  Water  Co.  v.  San  Diego,  118  Cal.  556, 
50  Pac.  633.) 

If  the  bo;ird  acts  arbitrarily,  without  Investiga- 
tion, or  without  the  exercise  of  judgment  and  dis- 
cretion, or  fixes  rates  so  palpably  unreasonable  and 
unjust  as  to  amount  to  arbitrary  action,  it  violates 
its  duty  and  go(>s  beyond  the  powers  conferred  upon 
it.  (San  Diego  Water  Co.  v.  San  Diego,  118  Cal. 
556,  50  Pac.  633.) 

Where  an  ordinance  fixing  rates  does  not  show 
upon  its  face  that  tlie  rates  to  be  collected,  wliere 
the  amount  of  consumption  is  ascertained  by  a 
meter,  are  different  from  tliose  collected  from  jxt- 
eons  who  are  rated  by  tlie  use  to  which  they  apply 
the  water,  it  will  not  be  held  invalid  because  that 


325  CONSTITUTION  OF  1879.      Art.  XIV,  §  1 

may  be  the  result.     (Sbeward  v.  Citizens'  Water  Co., 
00  "Cal.   035,   27   Pac.   439.) 

The  action  of  the  city  council  in  fixing  rates  is 
leflislative,  and  it  is  to  receive  all  the  presumptions 
and  sanctions  Avhich  belong  to  acts  of  legislative 
bodies  generally;  and  the  rates  must  be  assumed  to 
have  been  so  fixed  as  to  be  just  both  toward  the 
rate  payer  and  the  company.  (Shevi^ard  v.  Citizens' 
Water  Co.,  90  Cal.  035,  27  Pac.  439.) 

An  ordinance  fixing  water  rates,  and  providing 
for  meter  and  house  I'ates  at  the  option  of  the  con- 
sumer, and  providing  that  the  meter  shall  be  sup- 
j)lied  at  the  expense  of  the  water  company,  is  valid. 
(Spring  Valley  W.  W.  v.  San  Francisco,  82  Cal.  280, 
22  Pac.  910.) 

When  the  constitution  provides  for  the  fixing  of 
rates,  or  compensation  for  the  use  of  water,  it  means 
reasonable  rates  and  .just  compensation.  (Sprinx 
Valley  W.  W.  v.  San  Francisco,  82  Cal.  280,  22  Pac! 
910.) 

The  power  of  regulating  rates  is  not  a  power  of 
confiscation,  or  to  take  the  property  of  the  water 
company  without  just  compensation;  and,  if  the  pow- 
er is  arbitrarily  exercised,  without  a  fair  investiga- 
tion, and  the  rates  are  so  fixed  as  to  render  it  impos- 
sible to  furnish  the  water  without  loss,  it  is  not 
above  the  control  of  thp  courts.  (Spring  Valley  W. 
W.  V.  San  Francisco,  82  Cal.  280,  22  Pac.  910.) 

If  the  board  have  fairly  investigated  and  exer- 
cised their  discretion  in  fixing  the  rates,  the  courts 
have  no  right  to  interfere  on  the  sole  ground  that, 
in  the  judgment  of  tlie  court,  the  rates  fixed  are  not 
reasonable.  (Spring  Valley  W.  W.  v.  San  Francisco, 
82  Cal.  28(5,  22  Pac.  910.) 

The  fixing  of  water  rates  is  not  judicial.  (Spring- 
Valley  W.  W.  V.  Bartlett,  03  Cal.  245.) 

An  ordinance  establishing  water  rates,  and  fixing 
certain  rates  to  be  paid  by  individuals  and  certain 
rates  to  be  paid  by  the  city,  and  providing  that,  if 
the  city  pays  its  rates,  the  rates  of  the  individual 
consumers  shall  be  diminished  twenty-five  per  cent, 
is  void,  as  the  city  has  no  power  to  make  such  con- 
dition. (San  Francisco  etc.  Factory  v.  Brickwedel, 
00   Cal.    1(;0.) 

Constitution— 28 


Art.  XIV,  §  2      CONSTITUTION  OF  1879.  326 

See  further  as  to  water  rates,  notes  to  section  33, 
article  4  and  section  19,  article  11. 

Failure  to  fix  rates.— This  provision  does  not  au- 
thorize the  court  by  mandamus  to  compel  the  board 
to  fix  the  rates,  where  their  action  fixing  them  has 
been  vetoed  bv  the  mayor.  (Jacobs  v.  Supervisors, 
100   Cal.    121,  '34    Pac.    630.) 

An  ordinance  .fixing  rates  passed  subsequently  to 
the  month  of  February,  and  prior  to  July  1st,  when 
it  is  required  to  tal^e  effect,  is  equally  valid,  if  passed 
voluntarily,  as  if  passed  under  peremptory  process, 
(Fitch  V.  Supervisors,  122  Cal.  285,  54  Pac.  901.) 

The  provision  of  this  section  authorizing  the  leg- 
islature to  prescribe  "further  processes  and  penal- 
ties" only  authorizes  such  processes  and  penalties 
as  are  within  the  power  of  the  legislature,  in  view 
of  other  limitations  of  the  constitution.  (Fitch  v. 
Supervisors,   122  Cal.  285,  54  Pac.  901.) 

A  taxpayer  is  not  an  "intei-ested  party"  within 
the  meaning  of  this  section.  (Fitch  v.  Supervisors, 
122  Cal.   285,   54   Pac.  901.) 

In  view  of  section  20,  article  6.  the  legislature  can- 
not authorize  the  removal  of  a  board  of  supervisors 
from  office  for  delay  in  fixing  water  rates  "at  the 
suit  of  any  interested  party,"  or  in  the  name  of  any 
individual.  (Fitch  v.  Supervisors,  122  Cal.  285,  54 
Pac.  901.) 

Sec.  2.  The  right  to  collect  rates  or  compensa- 
tion for  the  use  of  water  supplied  to  any  county, 
city  and  county,  or  town,  or  the  inhabitanls  there- 
of, is  a  franchise,  and  cannot  be  exercised  except 
by  authority  of  and  in  the  manner  prescribed 
by  law. 

WATER  RATES.— The  right  to  collect  rates  for 
'water  is  a  franchise.  (Spring  Valley  W.  W.  v.  Schot- 
tler,  62  Cal.  69;  People  v.  Stephens,  62  Cal.  209.) 

This  section  does  not  talce  away  the  right  under 
the  general  law  of  the  land  to  collect  rates  or  com- 
pensation  fixed   by   contract   of  the  parties   for   the 


327  CONSTITUTION  OF  1879.      Art.  XIV,  §  2 

irrigation  of  lands,  in  the  absence  of  a  special  stat- 
ute, or  authorized  provision,  regulating  such  rates. 
(Fresno  Canal  etc.  Co.  v.  Parli,  129  Cal.  437,  62  Pac. 
87.) 


Art.  XV,  §§  1-3    CONSTITUTION  OF  1879.  328 


AETICLE  XV. 

HARBOR  FRONTAGES,  ETC. 

Section  1.  The  right  of  eminent  domain  is 
hereby  declared  to  exist  in  the  state  to  all  front- 
ages on  the  navigable  waters  of  this  state. 

Sec.  2.  Xo  individual,  partnership,  or  corpora- 
tion, claiming  or  possessing  tbe  frontage  or  tidal 
lands  of  a  harbor,  bay,  inlet,  estuary,  or  other 
navigable  water  in  this  state,  shall  be  permitted 
to  exclude  the  right  of  way  to  such  water  when- 
ever it  is  required  for  any  public  purpose,  nor 
to  destroy  or  obstruct  the  free  navigation  of  such 
water;  and  the  legislature  shall  enact  such  laws 
as  will  give  the  most  liberal  construction  to  this 
provision,  so  that  access  to  the  navigable  waters 
of  this  state  shall  be  always  attainable  for  the 
people  thereof. 

NAVIGABLE  WATERS— If  dams  ripon  tide- 
water s1ouk1i><.  tlioiii;:!!  \he  sloufrhs  be  not  themselves 
navigable,  result  in  tlie  obstiuctiou  of  a  navigable 
stream,  they  eoustitiite  a  public  iiuisan<*e,  and  are 
forbidden  by  this  section.  (People  v.  Russ,  132  Cal. 
102.) 

Sec.  3.  All  tide  lands  witliin  two  miles  of  any 
incorporated  city  or  town  in  this  state,  and  front- 


329  CONSTITUTION  OF  1879.        Art.  X  V,  §  3 

ing  on  the  waters  of  any  harbor,  estuary,  bay,  or 
inlet  nsed  for  the  purposes  of  navigation,  shall  be 
withheld  from  grant  or  sale  to  private  persons, 
partnerships,  or  corporations. 


Art.  XVI,  §  1      CONSTITUTION  OF  1879.  330 


AETICLE  XVI. 

STATE  INDEBTEDNESS. 

Section  1.  The  legislature  shall  not,  in  any 
manner,  create  any  debt  or  debts,  liability  or  lia- 
bilities, which  shall,  singly  or  in  the  aggregate 
with  any  previous  debts  or  liabilities,  exceed  the 
sum  of  three  hundred  thousand  dollars,  except 
in  case  of  war  to  repel  invasion  or  suppress  in- 
surrection, unless  the  same  shall  be  authorized  by 
law  for  some  single  object  or  work  to  be  distinctly 
specified  therein,  which  law  shall  provide  ways 
and  means,  exclusive  of  loans,  for  the  payment 
of  the  interest  of  such  debt  or  liability  as  it  falls 
due,  and  also  to  pay  and  discharge  the  principal  of 
such  debt  or  liability  within  twenty  years  of  tlie 
time  of  the  contracting  thereof,  and  shall  be  ir- 
repealable  until  the  principal  and  interest  thereon 
shall  be  paid  and  discharged;  but  no  such  law 
shall  take  effect  until,  at  a  general  election,  it 
shall  have  been  submitted  to  the  people  and  shall 
have  received  a  majority  of  all  the  votes  cast  for 
and  against  it  at  such  election;  and  all  moneys 
raised  by  authority  of  such  law  shall  be  applied 
only  to  the  specific  object  therein  stated,  or  to 


331  CONSTITUTION  OF  1879.      Art.  XVI,  §  1 

the  payment  of  the  debt  thereby  created,  and 
such  law  shall  be  published  in  at  least  one  news- 
paper in  each  county,  or  city  and  county,  if  one 
be  published  therein,  throughout  the  state,  for 
three  months  next  preceding  the  election  at  which 
it  is  submitted  to  the  people.  The  legislature 
may  at  any  time  after  the  approval  of  such  law 
by  the  people,  if  no  debt  shall  have  been  con- 
tracted in  pursuance  thereof,  repeal  the  same. 

STATE  INDEBTEDNESS.— The  political  depart- 
ment of  the  state  government  is  the  sole  judse  of 
tlie  existence  of  war  or  insurrection.  (Franklin  v. 
State  Board,  23  Cal.  173;  People  v.  Pacheco,  27  Cal. 
175.) 

An  appropriation  for  the  purpose  of  repelling  an 
invasion  or  suppressing  insurrection,  reciting  the  ex- 
istence of  such  war,  is  conclusive  evidence  of  its 
existence.  (People  v.  Pacheco,  27  Cal.  175;  Ileis  v. 
State,  22  Cal.   Dec.  206.) 

The  constitution  does  not  impose  any  limitation 
upon  the  amount  of  state  indebtedness  in  case  of 
war,  to  repel  invasion  or  suppress  insurrection. 
(I'^ranklin  v.  State  Board,  23  Cal.  173.) 

This  section  was  intended  to  prevent  the  state 
from  running  into  debt,  and  to  keep  her  expendi- 
tures, except  in  certain  cases,  within  her  revenues. 
These  revenues  may  be  appropriated  in  anticipation 
of  their  receipt  as  effectually  as  when  actually  in 
the  treasury.  The  appropriation  of  the  moneys 
when  received  meets  the  services  as  they  are  ren- 
dered, thus  discharging  the  liabilities  as  they  arise, 
or  rather  anticipating  and  preventing  their  existence. 
(State  V.  McCauley,  15  Cal.  429.) 

This  provision  is  an  express  restriction  upon  the 
power  of  the  legislature,  and  there  is  no  power  in 
the  judiciary  to  set  it  aside,  whatever  inconvenience 
may  result  from  a  legitimate  application  of  it.  It  is 
not  simply  advisory  to  the  legislature,  but  is  manda- 
tory.   (Nougues   V.    Douglass,   7   Cal.   G5.) 


Art.  XVI,  §  1      CONSTITUTION  OF  1879.  332 

It  includes  the  necessary  and  ordinary  expenses  of 
the  state^  and  includes  an  expenditure  for  the  erec- 
tion of  a  state  capitol.  (Nougues  v.  Douglass.  7  Cal. 
65.) 

This  provision  expressly  prohibits  the  legislature 
from  creating  a  debt  in  any  case  which  shall,  in 
the  aggregate  with  previous  debts  and  liabilities  of 
the  state,  exceed  the  sum  of  three  hundred  thousand 
dollars,  except  for  the  purposes  and  in  the  manner 
herein  provided.     (People  v.  Johnson.  G  Cal.  499.) 

This  provision  is  not  limited  to  the  iiower  to  boiTOW 
money,  but  includes  all  kinds  of  indebtedness  and 
an  indebtedness  for  constructing  a  road.  (People  v. 
Johnson,  6  Cal.  499.) 

It  does  not  apply  to  counties  or  municipal  coi*po- 
rations.     (Fattison  v.   Yuba   County,  13  Cal.   175.) 

This  provision  distinguished  from  the  provision  of 
the  charter  of  San  Francisco  in  Argenti  v.  San 
Francisco,  IG  Cal.  255. 

The  act  creating  the  board  of  state  prison  com- 
missionei"S  is  not  in  violation  of  this  section,  since 
tlie  sums  to  be  paid  were  to  be  paid  in  the  future,  and 
upon  the  performance  of  future  services,  and  until 
such  services  were  performed  there  was  no  debt 
against  the  state.  (State  v.  McCauley,  15  Cal.  429; 
Mc<:auley  v.  Brooks,  IG  Cal.   11.) 

An  act  providing  for  the  construction  of  a  state 
capitol,  and  only  authorizing  tlie  commissi"oners  to 
contract  for  one  hiuulred  thousand  dollars,  is  not 
in  violation  of  this  section.  (Koppikus  v.  State 
Capitol   Commrs..    IG   Cal.   248.) 

An  act  which  appropriates  a  sum  of  money  for 
the  future  and  directs  certain  payments  to  be  made 
out  of  the  same  at  designated  periods,  from  year  to 
year,  and  which  imposes  a  special  tax  to  meet  the 
same  as  they  become  payable,  is  valid.  (People  v. 
Pacheco,  27   Cal.    175.) 


333  CONSTITUTION  OF  1879.    Art.  XVII,  §  1 


ARTICLE  XVII. 

LAND  AND  HOMESTEAD  EXEMPTION. 

§     1.     Homesteads. 

§     2.     Laud  monopoly. 

§     3.     Lands  granted  only  to  actual  settlers. 

Section  1.  The  legislature  shall  protect,  by 
law,  from  forced  sale  a  certain  portion  of  the 
homestead  and  other  property  of  all  heads  of 
families. 

HOMESTEAD.— The  word  "homestead"  is  here 
used  in  the  popular  sense,  and  represents  the  dwell- 
ing-house at  which  the  family  resides,  with  the  usual 
appurtenances,  including  outbuildings  of  every  kind 
necessary  and  convenient  for  family  use,  and  land 
used  for  the  purposes  thereof.  (Gregg  v.  Bostwick 
33  Cal.  220.) 

This  section  does  not  itself  create,  nor  does  it  vest, 
homestead  rights  in  persons  falling  within  the  gen- 
eral description.  It  is  merely  directory.  An  act  mak- 
ing the  failure  to  tile  a  declaration  of  homestead  a 
forfeiture  of  the  homestead  right  is  valid.  (Noble 
V.  Hook,  24  Cal.  G38.) 

The  constitution  contemplates  legislation  to  exempt 
the  homestead  from  forced  sale,  but  not  to  restrain 
voluntary  alienation.      (Gee  v.   More,   14  Cal.  472.) 

This  provision  is  inoperative  iu  itself,  and  looks  to 
legislation  to  determine  how  far  and  in  what  man- 
ner the  homestead  shall  be  protected  from  forced 
sale.     (Carey  v.  Tice,  G  Cal.  025.) 

It  looks  to  the  legislature  to  fix  the  extent  of  the 
right  and  the  mode  of  its  protection,  with  the  limita- 


Art.  XVII,  §§  2,  3    CONSTITUTION  OF  1879.  334 

tion  of  the  rights  of  creditors  therein.  (Beaton  v. 
Reid,  111  Cal.  484,  44  Pac.  167.) 

The  constitution  is  based  upon  the  idea  that  the 
homestead  is  to  be  carved  out  of  the  property  of  the 
husband,  or  at  least  out  of  the  common  property. 
(Gee  V.  More,  14  Cal.  472.) 

If  in  the  country,  the  homestead  may  include  a 
garden  or  farm;  if  in  a  town  or  city,  it  may  include 
one  or  mor^  lots  or  blocks.  It  need  not  be  compact 
in  form,  and  is  not  measured  by  fences  merely.  The 
only  tests  are  use  and  value.  (Gregg  v.  Bostwick, 
33  Cal.  220.) 

Statutes  for  the  purpose  of  carrying  out  the  con- 
stitutional command  as  to  the  preservation  of  the 
homestead  for  the  family  are  remedial,  and  should 
be  liberally,  or  at  least  fairly  and  reasonably,  and 
not  strictly,  construed.  (Southwick  v.  Davis,  78  Cal. 
504,  21  Pac.  121.) 

Sec.  2.  The  holding  of  large  tracts  of  land, 
uncultivated  and  unimproved,  by  individuals  or 
corporations,  is  against  the  public  interest,  and 
should  be  discouraged  by  all  means  not  incon- 
sistent with  the  rights  of  private  property. 

TRACTS  OF  LAND.— This  section  declares  a  pol- 
icy against  the  holding  of  large  tracts  of  land  un- 
cultivated, and  this  policy  should  not  be  limited  by 
a  narrow  construction  of  the  constitution.  (Fulton 
V.  Brannan,  88  Cal.  454,  20  Pac.  500.) 

Sec.  3.     Lands  belonging  to  this  state,  which 

are  suitable  for  cultivation,  shall  be  granted  only 

to  actual  settlers,  and  in  quantities  not  exceeding 

three  hundred  and  twenty  acres  to  each  settler, 

under  such  conditions  as  shall  be  prescribed  by 

law. 

PUBLIC  LANDS.— The  provision  of  this  section 
that  'lands  belonging  to  the  state  which  are  suita- 


335  CONSTITUTION  OF  1879.    Art.  XVII,  §  3 

ble  for  cultivation,  shall  be  granted  only  to  actual 
settlers,"  operates  on  applications  made  before  as 
well  as  those  made  after  the  constitution  toolc  effect. 
(Johnson  v.  Squires,  55  Cal.  103;  Moscly  v.  Torrence, 
71  Cal.  318,  12  Tac.  430.) 

An  application  to  purchase  state  lands  made  by  one 
not  an  actual  settler,  before  the  adoption  of  the  new 
constitution,  and  who  had  made  no  payments  there- 
on, conferred  no  right  to  purchase  such  lands  after 
the  adoption  of  the  constitution.  (Urton  v.  Wilson, 
65  Cal.  11,  2  Pac.  411.) 

A  certificate  of  purchase,  obtained  before  the  adop- 
tion of  the  new  constitution,  is  not  impaired  by  this 
section.  .  (Miller  v.  Byrd,  90  Cal.  150,  27  Pac.  51.) 

What  are  public  lands.— The  phrase,  "lands  belong- 
ing to  the  state  which  are  suitable  for  cultivation," 
includes  all  of  its  lands  which  are  ready. for  occupa- 
tion, and  which,  by  ordi;iary  farming  processes,  are 
fit  for  agricultural  purposes.  Thus  swamp-lands  may 
be  suitable  for  cultivation.  (Fulton  v.  Brannan,  88 
Cal.  454,  26  Pac.  506;  Goldberg  v.  Thompson,  96 
Cal.  117,  30  Pac.  1019;  McXee  v.  Lynch,  88  Cal. 
519,  26  Pac.  508;  McDonald  v.  Taylor,  89  Cal.  42, 
26  Pac.  595;  Belcher  v.  Farren,  89  Cal.  73.  26  Pac. 
791;  Dewar  v.  Ruiz,  89  Cal.  385,  26  Pac.  832;  Manley 
V.  Cunningham,  72  Cal.  236,  13  Pac.  622.) 

The  fact  that  the  land  is  in  most  places  heavily 
covered  with  redwood  timber  and  brush,  that  it 
would  not.  when  cleared,  produce  ordinary  agricul- 
tural crops  in  average  quantities,  and  that  it  is  more 
valuable  for  timber  than  for  agriculture,  does  not 
render  it  unsuitable  for  cultivation.  (Jacobs  v.  Walli- 
er,  90  Cal.  43,  27  Pac.  48.) 

Actual  settlers.— An  actual  settler  is  one  who  es- 
tablishes himself  upon  the  land,  or  fixes  his  resi- 
dence upon  it,  to  take  possession  for  his  exclusive 
occupancy  and  use,  with  a  view  of  acquiring  title  to 
it  by  purchase  from  the  state.  (Gavitt  v.  Mohr,  68 
Cal.  506,  10  Pac.  337.) 

Under  this  section  a  claimant  to  purchase  state 
lands  which  are  suitable  for  cultivation  must  be 
at  the  time  of  his  application  an  actual  settler  there- 
on.    (Gavitt  V.  Mohr,  68  Cal.  506,  10  Pac.  337.) 


Art.  XVII,  §  3     CONSTITUTION  OF  1879.  33;> 

Tbe  fact  tliat  an  applicant  living  upon  swamp- 
land suitable  for  cultivation  removed  his  family 
therefrom  temporarily,  because  of  the  ill-health  of  a 
member  of  his  family,  does  not  show  nor  tend  to 
show  that  he  was  not  an  actual  settler.  (Maddux  v. 
Brown,  91  Cal.  523,  27  Pac.  771.) 


337  CONSTITUTION  OF  1879.    Art.  XVIII,  §  1 


ARTICLE  XVIII. 

AMENDING    AND     REVISING    THE    CONSTITU- 
TION. 

§    1.    Proposal  of  amendments— Submission  to  vote. 
§    2.     Revision— Convention  for. 

Section  1.  Any  amendment  or  amendments  to 
this  constitution  may  be  proposed  in  the  senate  or 
assembly,  and  if  two-thirds  of  all  the  members 
elected  to  each  of  the  two  houses  shall  vote  in 
favor  thereof,  such  proposed  amendment  or  amend- 
ments shall  be  entered  in  their  journals,  with  the 
yeas  and  nays  taken  thereon;  and  it  shall  be  the 
duty  of  the  legislature  to  submit  such  proposed 
amendment  or  amendments  to  the  people  in  such 
manner,  and  at  such  time,  and  after  such  publi- 
cation as  may  be  deemed  expedient.  Should  more 
amendments  than  one  be  submitted  at  the  same 
election  they  shall  be  so  prepared  and  distin- 
guished, by  numbers  or  otherwise,  that  each  can 
be  voted  on  separately.  If  the  people  shall  ap- 
prove and  ratify  such  amendment  or  amendments, 
or  any  of  them,  by  a  majority  of  the  qualified 
electors  voting  thereon,  such  amendment  or  amend- 
ments shall  become  a  part  of  this  constitution. 

CONSTITUTIONAL   AMENDMENTS.— A  general 
act   as    to   the  submission   of   constitutional    amend- 
Constitution— 2'J 


Art.  XYIII,  §  2     CONSTITUTION  OF  1879.  338 

ments  is  valid;  and  it  is  not  necessary  tliat  an  amend- 
ment be  submitted  specially  by  the  legislature  pro- 
posing it.  CNIartiu  v.  Election  Commrs.,  126  Cal.  404, 
58  Pac.   932.) 

Where  the  Political  Code  provides  for  the  certifica- 
tion of  proposed  constitutional  amendments  by  the 
secretary  of  state  to  the  cf)unty  clerics  "not  less  than 
twenty-five  days  before  election,"  and  providing  for 
the  printing  of  such  amendments  upon  the  ballots, 
it  is  to  be  presumed  that  they  are  to  be  voted  upon 
at  the  next  general  election  after  the  proposal  of 
the  amendment,  and  this  section  is  sufficiently  com- 
plied with.  (People  v.  Curi-y,  130  Cal.  82,  62  Pac. 
516,  Temple,  J.,  and  Harrison,  J.,  dissenting.) 

The  constitution  does  not  permit  the  legislature 
to  propose  an  amendment  that  will  not  upon  its  adop- 
tion by  the  people  become  an  effective  part  of  the 
constitution;  nor  one  Avhich,  if  ratified,  will  take 
effect  only  at  the  will  of  other  persons,  or  upon  the 
approval  of  such  other  persons,  or  on  some  specified 
act  or  condition.  (Livermore  v.  Waite,  102  Cal.  113, 
36  Pac.  424.) 

The  constitution  can  neither  be  revised  nor  amend- 
ed, except  in  the  manner  prescribed  by  itself,  and 
the  power  conferred  upon  the  legislature  by  this  sec- 
tion must  be  strictly  pursued.  (Livermore  v.  Waite, 
102  Cal.  113.) 

The  time  at  which  a  proposed  amendment  to  the 
constitution  is  to  be  sul^mitted  to  the  jieople  for 
ratification  must  be  fixed  by  an  act  of  tlie  legisla- 
ture, approved  by  tlie  governor  in  the  same  manner 
as  other  acts.  (Hatch  v.  Stonemau,  66  Cal.  632,  6 
Pac.  734.) 

An  amendment  need  not  be  entered  in  the  journals 
at  length,  but  it  is  sufficient  if  entered  by  identify- 
ing reference  to  the  title  of  the  anicndnieiit.  (Thoni- 
ason  V.  Ruggles,  60  Cal.  465,  11  Pac.  20;  Oaklai\d 
Pav.  Co.  V.  Tompkins,  72  Cal.  5,  12  Pac.  Si)l; 
Thomason  v.  Ashworth,  73  Cal.  73,  14  Pac.  615.  But 
see  Oakland  Pav.  Co.  v.  Hilton,  69  Cal.  479,  11  Pac. 
3.) 

Sec.  2.     \\licnevcr  Iwo-iliirds  of  ilie  moiubers 
elected  to  each  brancli   of   the  legislature   shall 


339  CONSTITUTION  OF  1879.    Art.  XVIII,  §2 

deem  it  necessary  to  revise  this  constitution,  they 
shall  recommend  to  the  electors  to  vote  at  the 
next  general  election  for  or  against  a  convention 
for  that  purpose,  and  if  a  majority  of  the  electors 
voting  at  such  election  on  the  proposition  for  a 
convention  shall  vote  in  favor  thereof,  the  legis- 
lature shall,  at  its  next  session,  provide  by  law 
for  calling  the  same.  The  convention  shall  con- 
sist of  a  number  of  delegates  not  to  exceed  that 
of  both  branches  of  the  legislature,  who  shall 
be  chosen  in  the  same  manner,  and  have  the  same 
qualifications,  as  members  of  the  legislature.  The 
delegates  so  elected  shall  meet  within  three  months 
after  their  election  at  such  place  as  the  legis- 
lature may  direct.  At  a  special  election  to  be 
provided  for  by  law,  the  constitution  that  may  be 
agreed  upon  by  such  convention  shall  be  sub- 
mitted to  the  people  for  their  ratification  or  re- 
jection, in  such  manner  as  the  convention  may 
determine.  The  returns  of  such  election  shall, 
in  such  manner  as  the  convention  shall  direct, 
be  certified  to  the  executive  of  the  state,  who 
shall  call  to  his  assistance  the  controller,  treasurer, 
and  secretary  of  state,  and  compare  the  returns 
so  certified  to  him;  and  it  shall  be  the  duty  of 
the  executive  to  declare,  by  his  proclamation,  such 
constitution,  as  may  have  been  ratified  by  a  ma- 
jority of  all  the  votes  cast  at  such  special  elec- 
tion, to  be  the  constitution  of  the  state  of  Cali- 
fornia. 


Art.  XIX,  §  1  CONSTITUTION  OF  1S79.  340 


•       ARTICLE  XIX. 
CHINESE. 

§  1.  Protection  from  alien  paupers,  etc. 

§  2.  Corporations  prohibited  from  hiring  Chinese. 

§  3.  Public  works,  Chinese  not  to  be  employed  on. 

§  4.  Coolieism  prohibited— Removal  of  Chinese. 

Section  1.  The  legislature  shall  prescribe  all 
necessary  regulations  for  the  protection  of  the 
state,  and  the  counties,  cities,  and  towns  thereof, 
from  the  burdens  and  evils  arising  from  the  pres- 
ence of  aliens  who  are  or  may  become  vagrants, 
paupers,  mendicants,  criminals,  or  invalids  af- 
flicted with  contagious  or  infectious  diseases,  and 
from  aliens  otherwise  dangerous  or  detrimental 
to  the  well-being  or  peace  of  the  state,  and  to 
impose  conditions  upon  Avhich  such  persons  may 
reside  in  the  state,  and  to  provide  the  means 
aiul  mode  of  their  removal  from  the  state,  u])on 
failure  or  refusal  to  comply  witli  such  conditions; 
provided,  that  nothing  contained  in  this  section 
shall  be  construed  to  impair  or  limit  the  power 
of  the  legislature  to  pass  such  police  laws  or  other 
regulations  as  it  may  deem  necessary, 

POLICE  HEGULATIONS.— A  state  has  the  power 

to  »!xolu(l(^  from  its  limits   paupers,   vagabonds,   and 
friniinals,  or  sick,  diseased,  inlirm,  and  disabled  per- 


341  cONSTiTUTiox  OF  1S79.     Art.  XIX,  §§  2,  3 

sons,  who  are  liable  to  become  a  public  charge,  or 
to  admit  them  only  on  such  terms  as  will  prevent 
the  state  from  being  burdened  with  their  support. 
(State  V.  Steamship  Constitution,  42  Cal.  578.) 

The  power  to  exclude  from  the  limits  of  a  state 
persons  not  paupers,  etc.,  is  a  regulation  of  commerce, 
and  cannot  be  exercised  l)y  the  state.  (State  v. 
Steamship  Constitution,  42  Cal.  578.) 

An  act  giving  the  horticultural  commissioners 
power  to  abate  a  nuisance  caused  by  insect  pests  iu 
orchards,  etc.,  is  authorized  by  this  section.  (Los 
Anseles  Co.  v.  Spencer,  12tl  Cal.  (170,  59  Pac.  202; 
Riverside  Co.   v.  Butcher,  22  Cal.  Dec.  42.) 

An  act  requiring  all  children  attending  the  public 
schools  to  be  vaccinated  is  authorized  bv  this  section. 
(Abeel  v.  Clark,  84  Cal.  220,  24  Tac.  383.) 

An  act  levying  upon  each  person  of  the  Mongolian 
race  a  monthly  license  tax  of  two  dollars  and  fifty 
cents  for  working  the  mines,  or  for  prosecuting  any 
business,  is  in  violation  of  the  commerce  clause 
of  the  I'nited  States  constitution.  (Lin  Sing  v.  Wash- 
burn. 20  Cal.  534.) 

An  act  foi-bldding  the  landing  of  lewd  or  debauched 
women  within  the  state  is  valid.  (Ex  parte  Ah  Fook, 
49   Cal.    402.) 

Sec.  2.  No  corporation  now  existin,^  or  here- 
after formed  under  the  laws  of  this  state,  shall, 
after  the  adoption  of  this  constitution,  employ, 
directly  or  indirectly,  in  any  capacity,  any  Chinese 
or  Mongolian.  The  legislature  shall  pass  such 
laws  as  may  be  necessary  to  enforce  this  provision, 

CHINESE  LABOR.— This  provision  of  the  constitu- 
tion is  in  conflict  Avith  the  treaty  between  the  United 
States  and  China,  and  is  void.  (In  re  Parrott,  1 
Fed.  481.  See,  also,  Baker  v.  City  of  Portland,  3  Pac. 
C  L.  J.  409;  Chapman  v.  Toy  Long.  4  Saw.  28;  Ex 
parte  Ah   Cue,   lUl  Cal.   197,   35   Pac.   550.) 

Sec.  3.  No  Chinese  shall  he  employed  on  any 
state,  county,  municipal,  or  other  public  work, 
except  in  punishment  fur  crime. 


Art.  XIX,  §  4       co-xsTiTUTiON  of  1879.    ■  342 

CHINESE  EMPLOYMENT.— As  to  the  validity  of 
this  provision,  see  Baker  v.  City  of  Portland,  3  Pac. 
C.  L.  J.  472. 

Sec.  4.  The  presence  of  foreigners  ineligible 
to  become  citizens  of  the  United  States  is  declared 
to  be  dangerous  to  the  well-being  of  the  state, 
and  the  legislature  shall  discourage  their  immigra- 
tion by  all  the  means  within  its  power.  Asiatic 
coolieism  is  a  form  of  human  slavery,  and  is 
forever  prohibited  in  this  state,  and  all  contracts 
for  coolie  labor  shall  be  void.  All  companies  or 
corporations,  whether  formed  in  this  country  or 
any  foreign  country,  for  the  importation  of  such 
labor,  shall  be  subject  to  such  penalties  as  the 
legislature  may  prescribe.  The  legislature  shall 
delegate  all  necessary  power  to  the  incorporated 
cities  and  towns  of  this  state  for  the  removal  of 
Chinese  without  the  limits  of  such  cities  and 
towns,  or  for  their  location  within  prescribed  por- 
tions of  those  limits,  and  it  shall  also  provide  the 
necessary  legislation  to  prohibit  the  introduction 
into  this  state  of  Chinese  after  the  adoption  of 
this  constitution.  This  section  shall  be  enforced 
by  appropriate  legislation. 

IMMIGRATION.— .\s  to  the  validity  of  les'sla- 
tion  excludiii;,'  foroipnors,  see  State  v.  Steamship 
Constituiion,  42  Cal.  .">7S;  Liu  Siiiff  v.  Wa.sliburn,  20 
Cal.  5:54:  Ex  parte  All  Foolc,  49  (>.i\.  402;  In  re  Par- 
rott.  1  Fed.  481;  Baker  v.  City  of  Portland,  3  Pac. 
C.  L.  J.  472;  Ho  Ah  Kow  v.  Nunan,  3  Pac.  C.  L.  J. 
413. 


843  CONSTITUTION  OF  1879.  Art.  XX,  §  1 


AETICLE  XX. 
MISCELLANEOUS  SUBJECTS. 

§     1.     Seat  of  government. 

§    2.    Dueling,  disabilities  arising  from. 

§    3.    Oath  of  office. 

§  4.  Election  and  appointment  of  officers  and  com- 
missioners. 

§    5.     Fiscal  year. 

§    6.     Suits  against  state. 

§    7.     Marriage  contracts,  validity  of. 

§    8.     Separate  property  of  husband  and  wife. 

§    9.     Perpetuities  not  allowed. 

§  10.  Disqualification  for  office  by  giving  or  taking 
bribe. 

§  11.  Exclusion  from  office,  jury,  and  right  of  suf- 
frage of  certain  persons— Protection  of  right 
of  suffrage. 

§  12.     Residence,  when  absence  not  to  affect. 

§  13.     Plurality  vote  to  elect. 

§  14.     State  board  of  health. 

§  15.     Mechanic's  lien. 

§  16.    Term  of  office,  duration  of. 

§  17.    Eight  hours  a  legal  day's  labor. 

§  18.     Sex  not  a  disqualification  for  business. 

§  19.    Payment  of  expenses  of  convention. 

§  20.     Election  of  officers— Term,  when  commences. 

Section  1.     The  city  of  Sacramento  is  hereby 
declared  to  be   the  soat  of  government  of  this 


Art.  XX,  §  2        CONSTITUTION  OF  1879.  344 

state,  and  shall  so  roniain  until  changed  by  law; 
but  no  law  changing  the  seat  of  government  shall 
be  valid  or  binding  unless  the  same  be  approved 
and  ratified  by  a  majority  of  the  qualified  electors 
of  the  state  voting  therefor  at  a  general  state 
election,  under  such  regulations  and  provisions 
as  the  legislature,  by  a  two-thirds  vote  of  each 
house,  may  provide,  submitting  the  question  of 
change  to  the  people. 

SEAT  OF  GOVERNMENT.— This  section  is  sub- 
ject to  amendment  in  the  same  manner  as  any  other 
part  of  the  constitution.  (Livermore  v.  Waite,  102 
Cal.  113,  36  Pac.  424.) 

The  proposed  constitutional  amendment  of  1803  to 
change  the  seat  of  .government  to  San  Jose  was  heUl 
invalid  and  ineffective,  its  operation  beinpr  limited 
upon  the  uncertain  conditions  of  the  donation  to  the 
state  of  not  less  than  ten  acres  of  land,  and  one 
million  dollars  in  money,  and  the  approval  by  the 
governor,  secretary  of  state,  and  attorney  general  of 
the  site  so  donated.  (Livermore  v.  Waite,  102  Cal. 
113,  36  Tac.  424.) 

An  act  making  Valle.io  the  permanent  seat  of 
government,  and  providing  that  one  Vallejo  should 
give  a  bond  for  the  performance  of  the  proposition 
which  he  had  submitted  to  the  legislature,  and  sliould 
provide  a  statehouse,  and  failing  to  do  so.  "then 
this  act  to  be  void,"  is  constitutional,  and  operated 
to  change  the  seat  of  government  and  cannot  be  de- 
feated by  the  breacli  of  tlie  condition.  (People  v.  P,ig- 
ler,  5  Cal.  23.) 

Sec.  2.  Any  ciiizou  of  Ibis  state  who  sliall, 
after  the  adoption  of  lliis  constitution,  fight  a 
duel  with  deadly  weapons,  or  send  or  accept  a 
challenge  to  fight  a  duel  willi  (L^idly  weapons, 
eilhor  williiu  tliis  stale  or  out  of  it,  or  wlio  shall 


345  CONSTITUTION  OF  1S79.  Art.  XX,  §  3 

act  as  second,  or  knowingly  aid  or  assist  in  any 
manner  those  thus  offending,  shall  not  be  allowed 
to  hold  any  office  of  profit,  or  to  enjoy  the  right 
of  suffrage  under  this  constitution. 

Sec.  3.  Members  of  the  legislature,  and  all 
officers,  executive  and  judicial,  except  such  inferior 
officers  as  may  be  by  law  exempted,  shall,  before 
they  enter  upon  the  duties  of  their  respective  of- 
fices, take  and  subscribe  the  following  oath  or 
affirmation : 

"I  do  solemnly  swear  (or  affirm,  as  the  case 
may  be,)  that  I  will  support  the  constitution  of 
the  United  States  and  the  constitution  of  the 
state  of  California,  and  that  I  will  faithfully  dis- 
charge the  duties  of  the  office  of  ,  accord- 
ing to  the  best  of  my  ability," 

And  no  other  oath,  declaration,  or  test  shall 
be  required  as  a  qualification  for  any  office  or 
public  trust. 

OATH  OF  OFFICE.— The  terms  "office"  and  "pub- 
lic tinist"  have  relation  to  such  duties  and  responsi- 
bilities as  are  of  a  public  nature.  (Ex  parte  Yale,  24 
Cal.  241.) 

An  attorney  at  law  does  not  hold  an  "office"  or 
"public  trust"  within  the  meaning  of  this  section. 
(Ex  parte  Yale,  24  Cal.  241;  Cohen  v.  Wright,  22  Cal. 
293.) 

This  provision  does  not  prohibit  the  legislature  from 
prescribing  an  oath  to  such  officers  in  a  different 
form  of  words  from  that  herein  used,  if  the  meaning, 
oblect,  and  intent  of  the  section  be  not  violated. 
(Cohen  v.  Wright.  22  Cal.  293.) 

It  is  competent  for  the  legislature  to  make  the  tak- 
ing of  the  oath  of  office  a  condition  subsequent.  (Ball 
V.   Kenfield,   55  Cal.  320.) 


Art.  XX,  §§4,  5     CONSTITUTION  OF  1879.  34G 

It  is  to  be  presumed  that  officers  will  qualify  within 
a  reasonable  time  consistent  with  their  duties, 
(Brodie  v.    Campbell,  17   Cal.   11.) 

The  provisions  of  the  Puiity  of  Elections  Law  re- 
quiring a  successful  candidate  for  office  to  support 
his  statement  of  election  expenses  by  his  oath,  as  a 
prerequisite  to  his  right  to  take  office,  is  in  violation 
of  this  section,  as  they  impose  an  oath  or  test  sub- 
stantially different  from  that  made  exclusive  by  the 
constitution.     (Bradley  v.  Clarke,  21  Cal.  Dec.  815.) 

Sec.  4.  All  officers  or  commissioners  whose  elec- 
tion or  appointment  is  not  provided  for  by  this 
constitution,  and  all  officers  or  commissioners 
whose  offices  or  duties  may  hereafter  be  created 
by  law,  shall  be  elected  by  the  people,  or  appointed, 
as  the  legislature  may  direct. 

ELECTION  AND  APPOINTMENT  OF  OF- 
FICERS.—This  section  does  not  prevent  the  legisla- 
ture itself  from  electing  an  officer  created  by  it.  (Peo- 
ple V.   Langdon,   8  Cal.   1.) 

The  words  "elect"  and  "appoint"  are  used  synony- 
mously in  the  constitution.  (People  v.  Langdon,  8 
Cal.  1.) 

This  section  does  not  authorize  the  legislature  to 
exercise  the  power  of  appointment  to  office,  if  that 
is  essentially  an  executive  function,  under  section  1, 
article  3,  of  the  constitution.  (People  v.  Freeman, 
80  Cal.  233.  22  Pac.  173.) 

The  constitution  does  not  prohibit  the  legislature 
from  conferring  on  a  voluntary  association  of  i)ersons, 
who  are  not  citizens  of  the  United  States,  nor  electors 
of  the  city,  the  power  to  elect  a  person  to  fill  an  offlro 
created  by  the  legislature.  (In  re  Bulger,  45  Cal. 
553.) 

Sec.  5.     The  fiscal  year  shall  commence  on  the 

first  day  of  July. 

FISCAL  YEAR.— The  fiscjil  year  ends  with  the 
thirtieth  day  of  .Tune.  ( Uollius  v.  Wright,  1)3  Cal. 
3t>5,  20   Pac".   58.) 


347  CONSTITUTION  OF  1S79.     Art.  XX,  §§  G-8 

An  act  legalizing  assessments  for  taxes  for  the 
fiscal  year  ending  on  the  first  day  of  March  is  not 
void  because  the  constitution  provides  that  the  fiscal 
year  shall  comnieiice  on  the  first  day  of  July,  but 
•the  word  "fiscal"  in  the  act  may  be  treated  as  sur- 
plusage.    (People  V.  Todd,  23  Cal.  181.) 

Sec.  6.  Suits  may  be  brought  against  the  state 
in  such  manner  and  in  such  courts  as  shall  be  di- 
rected by  law. 

Sec.  7.  No  contract  of  marriage,  if  otherwise 
duly  made,  shall  be  invalidated  for  want  of  con- 
formity to  the  requirements  of  any  religious  sect. 

Sec.  8.  All  property,  real  and  personal,  owned 
by  either  husband  or  wife  before  marriage,  and 
that  acquired  by  either  of  them  afterward  by  gift, 
devise,  or  descent,  shall  be  their  separate  prop- 
erty. 

SEPARATE  PROPERTY.— The  word  "separate" 
neither  enlarges  nor  limits  her  right  to  the  property 
mentioned,  but  merely  distinguishes  it  from  her  com- 
mon property.  (Dow  v.  Gould  &  Curry  etc.  Min.  Co., 
31  Cal.  tJ29.) 

The  last  clause  of  the  corresponding  section  of  the 
old  constitution  refers  only  to  the  disabilities  under 
which  the  wife  labored  at  common  law  by  reason  of 
coverture.  (Dow  v.  Gould  &  Curry  etc.  Min.  Co., 
31   Cal.    629.) 

In  the  absence  of  any  agreement  the  Husband  ac- 
quires no  interest  in  the  separate  property  of  the 
wife  bv  bestowing  labor  upon  it.  (Lewis  v.  Johns,  24 
Cal.  98.) 

All  property  whicli  can  be  shown  by  satisfactory 
testimony  to  belong  to  the  separate  estate  of  the  wife, 
whether  real,  personal,  or  mixed,  and  all  the  rents, 
issues  and  profits  thereof,  are  sacred  to  the  use  and 
enjoyment  of  the  wife,  and  cannot  be  held  to  an- 


Art.  XX,  §§  9-11     coKSTiiXTiON  of  1879.  348 

swer  for  the  debts  of  the  husband.  (Lewis  v.  Johns, 
24  Cal.  98.) 

The  term  "separate  property"  is  used  in  its  com- 
mon-law sense,  and  by  that  law  "separate  property" 
means  an  estjite  held,  both  in  its  use  and  title,  for 
the  exclusive  beneht  of  the  wife.  To  give  the  hus- 
band or  his  creditors  any  claim  upon  the  separate 
property  of  the  wife  is  unconstitutional.  (George  v. 
Ransom,  15  Cal.  322.) 

An  act  requiring  a  deed  conveying  the  separate 
property  of  the  wife  to  be  signed  by  the  husband  is 
not  unconstitutional.  (Dow  v.  Gould  &  Curry  etc. 
Mm.  Co.,  31  Cal.  G29.) 

Sec.  9.  No  perpetuities  shall  be  allowed  except 
for  eleemosjmary  purposes. 

PERPETUITIES.— Trusts  for  perpetual  charitable 
uses  are  not  in  conflict  with  this  section.  (Estate  of 
Hinckley,  58  Cal.  457.) 

The  term  "eleemosynary"  is  not  confined  to  alms- 
giving or  charity  shown  exclusively  to  the  poor,  but 
includes  all  charitable  purposes,  including  schools, 
as  well  as  asylums,  hospitals,  and  religious  institu- 
tions.   (People  V.  Cogswell.  113  Cal.  130,  45  Pac.  270.) 

Sec.  10.  Every  person  shall  be  disqualified  from 
holding  any  office  of  profit  in  this  state  who 
shall  have  been  convicted  of  having  given  or 
olTerod  a  bribe  to  procure  his  election  or  appoint- 
ment. 

Sec.  11.  Laws  shall  be  made  to  exclude  from 
office,  serving  on  juries,  and  from  the  right  of 
suffrage,  persons  convictt'd  of  bribery,  perjury, 
forgery,  malfeasance  in  office,  or  otlier  liigh  crimes. 
The  privilege  of  free  suffrage  shall  ])e  supported 
by  laws  regulating  elections  and  prohibiting,  un- 


349  CONSTITUTION  OF  1879.     Art.  XX,  §§  12-15 

der  adequate  penalties,  all  undue  influence  there- 
on from  power,  bribery,  tumult,  or  other  improper 
practice, 

BRIBERY. — Where  a  candidate  for  office  publicly 
pledsjes  himself  before  the  election  to  perform  the  du- 
ties of  the  office  for  less  than  the  compensation  estab- 
lished by  law,  and  by  reason  thereof  a  sufficient  num- 
ber of  voters  were  induced  to  vote  for  him  to  secure 
him  the  election,  his  election  is  void.  (State  v.  Collier, 
3  Pac.  C.  L.  J.  304;  State  v.  Purdy,  36  AVis.  213.) 

A  vote  given  for  a  public  officer,  in  consideration 
of  his  promise,  in  case  he  should  be  elected,  to  do- 
nate a  sum  of  money  or  other  valuable  thinff  to  a 
third  party,  is  voiil.  (Tucker  v.  Aiken,  7  N.  II.  140; 
Alvord  V.  Collin,  20  Pick.  428.J 

See,  further.  State  v.  Church,  5  Or.  375;  Common- 
wealth V.  Shaver,  3  Watts  &  S.  3.38. 

SUFFRAGE.— This  section  does  not  authorize  the 
passage  of  a  law  curtailing  the  privilege  of  free  suf- 
frage.    (Spier  V.  Baker,  120  Cal.  370,  52  Pac.  659.) 

Sec.  12.  Absence  from  this  state,  on  business 
of  the  state  or  of  the  United  States,  shall  not 
affect  the  question  of  residence  of  any  person. 

See.  13.  A  plurality  of  the  votes  given  at  any 
election  shall  constitute  a  choice,  where  not  other- 
wise directed  in  this  constitution. 

Sec.  14.  The  legislature  shall  provide,  by  law, 
for  the  maintenance  and  efficiency  of  a  state  board 
of  health. 

Sec.  15.  Mechanics,  materialmen,  artisans,  and 
laborers  of  every  class,  shall  have  a  lien  upon  the 
property  upon  which  they  have  bestowed  labor  or 

Constitution— 30 


Art.  XX,  §  IG     CONSTITUTION  of  1S79.  350 

furnished  material  for  tlie  value  of  such  labor 
done'  and  material  furnished;  and  the  legislature 
shall  provide,  by  law,  for  the  speedy  and  efficient 
enforcement  of  such  liens. 

MECHANICS'  LIENS.-This  section  is  not  self- 
executing  and  is  inoperative,  except  as  supplemented 
by  lesislation.  (Spinney  v.  Griffith,  98  Cal.  149,  32 
Pac.  974.) 

Tlie  constitution  by  this  section  has  left  to  the 
legislature  the  duty  of  providing  for  the  enforcement 
of  these  liens.  (Morse  v,  De  Ardo,  107  Cal,  622,  40 
Pac.  1018.) 

The  legislature  has  power  to  provide  that  the  owner 
shall  be  liable  to  materialmen  and  laborers,  unless 
he  executes  his  contract  in  a  certain  form,  and  files  it 
in  the  recorder's  office.  (Kellogg  v.  Howes,  81  Cal. 
170,  22  Pac.  509.) 

This  section  does  not  give  a  lien  upon  public  build- 
ings or  property.  (Mayrhofer  v.  Board  of  Education, 
89  Cal.  110,  26  Pac.  646.) 

Sections  1183  to  1199  of  the  Code  of  Civil  Procedure, 
not  being  inconsistent  with  this  section,  remained 
in  force  after  its  adoption.  (Germania  Bldg.  etc. 
Assn.  V.  Wagner,  61  Cal.  349.) 

Sec.  lla.  When  the  term  of  any  officer  or  com- 
missioner is  not  provided  for  in  this  constitution, 
the  term  of  such  officer  or  commissioner  may  be 
declared  by  law;  and,  if  not  so  declared,  such 
officer  or  commissioner  shall  hold  his  position  as 
such  officer  or  commissioner  during  the  pleasure 
of  the  authority  making  the  appointment;  but 
in  no  case  shall  such  term  exceed  four  years. 

TERM  OF  OFFICE. — This  section  being  a  re-enact- 
ment of  section  7,  article  11,  of  the  former  constitu- 
tion, mu.st  be  construed  in  the  same  manner.  (People 
V.  Edwards.  93  Cal.  l."3.) 

The  word  "dtiralion"  signifies  extent,  limit,  or 
time.     (People  v.  Hill,  7  Cal.  97.) 


351  CONSTITUTION  OF  1879.      All.  XX,  §  16 

"Good  behavior"  is  not  a  term  within  the  meaning' 
of  this  section.     (Somers  v.  State,  58  S.  Dak.  584.) 

Tlie  legislature  may  direct  the  time  and  mode  of 
the  election  of  an  officer  whose  term  is  prescribed  by 
the  constitution,  but  cannot  change  the  tenure.  (Peo- 
ple V.  Burbank,  12  Cal.  378.) 

AVhere  an  officer  is  appointed  for  two  years,  he 
does  not  hold  by  the  tenure  of  the  approbation  of 
the  appointing  poAver.     (People  v.  Eeid,  6  Cal.  288.) 

An  officer  appointed  to  hold  for  one  year,  or  until 
his  successor  should  be  appointed  and  qualified,  has 
no  fixed  term,  and  he  may  be  removed  at  any  time 
by  the  appointing  power.  (Higgins  v.  Cole,  100  Cal. 
260.  34  Pae.  678.) 

This  section  refers  to  officers  of  statutory  creation 
as  well  as  to  officers  mentioned  in  the  constitution 
itself.     (People  v.  Perry,  79  Cal.  105,  21  Pac.  423.) 

The  commissioners  to  manage  the  Yosemite  Valley 
are  officers  of  the  state  within  the  meaning  of  this 
section,  and  their  terms  expired  four  years  after  their 
appointment.     (People  v.   Ashburner,  55  Cal.  517.) 

The  commissioners  of  the  funded  debt  of  San  Fran- 
cisco were  not  officers.  (People  v.  Middleton,  28  Cal. 
603.) 

The  members  of  the  board  of  health  of  San  Fran- 
cisco are  officers  within  the  meaning  of  this  section, 
and  a  statute  fixing  their  term  of  office  at  five  years 
is  unconstitutional  and  leaves  the  duration  of  the 
term  unfixed  and  subject  to  the  pleasure  of  the  gov- 
ernor.    (People  V.  Perry.  79  Cal.  105,  21  Pac.  423.) 

The  health  inspector  of  San  Francisco  is  an  officer. 
(Patton  V.  Board  of  Health,  127  Cal.  388,  59  Pac.  702.) 

As  to  who  are  officers  generally,  see  Yaugn  v.  Eng- 
lish, 8  Cal.  39;  Crawford  v.  Dunbar,  52  Cal.  36;  Far- 
rell  V.  Sacramento,  85  Cal.  408,  24  Pac.  868;  State 
V.  Brandt,  41  Iowa,  593;  Somers  v.  State.  5  S.  Dak. 
584;  United  States  v.  Hartwell,  6  Wall.  385;  note,  72 
Am.  Dec.  179-189;  Wright  v.  Laugenour,  55  Cal.  280; 
Phelps   v.   Winchomb,   3  Bulst.   77. 

The  legislature  cannot  provide  that  officers  ap- 
pointed by  a  board  shall  not  be  removed  without  just 
cause,  where  the  duration  of  their  terms  is  not  fixed. 
(People  V.  Hill.  7  Cal.  97;  Smith  v.  Brown,  59  Cal. 
672;  People  v.  Shear.  15  Pac.  92;  Patton  v.  Board 
of  Health,  127  Cal.   388,  59  Pac.  702.) 


Art.  XX,  §§  IT,  18    CONSTITUTION  OF  1879.  Zo2 

As  to  whether  or  not  the  Civil  Service  provisions 
of  the  San  Francisco  charter  are  in  violation  of  this 
provision,  see   Cahen   v.   Wells,  132  Cal.   447. 

This  section  must  be  construed  to  deny  the  right 
of  removal  in  tliose  cases  where  the  tenure  is  de- 
fined by  law.     (People  v.  Jewett,  6  Cal.  291.) 

The  constitution  does  not  prohibit  an  oflice  created 
by  the  legislature  from  continuing  over  four  years, 
but  merely  limits  the  incumbent's  term  to  four  years. 
(People  V.'  Stratton.  28  Cal.  382.) 

This  section  does  not  forbid  a  holding  over  until 
a  successor  has  been  chosen  and  qualified.  (People 
V.    Edwards,   93   Cal.    153,   28   Pac.   831.) 

Where  the  term  of  an  oflicer  is  not  fixed  by  the 
constitution  or  by  law.  and  the  authority  of  the 
power  making  the  appointment  has  ceased,  there  is 
no  vacancy  in  the  office,  but  the  ofiicer  holds  over. 
(People  V.  Hammond,  66  Cal.  6.54,  6  Pac.  741;  Peoplt- 
V.    Gunst,   110  Cal.   447,   42   Pac.  963.) 

Sec.  17.  Eight  hours  sliall  constitute  a  legal 
day's  work  on  all  public  work. 

Sec.  18.  jSTo  person  shall,  on  account  of  sex, 
be  disqualified  from  entering  upon  or  pursuing 
any  lawful  business,  vocation,  or  profession. 

SEX.— This  section  is  self-executing,  and  needs  no 
legislation  to  put  it  in  effect,  and  imposes  a  restraint 
on  every  law-making  power  of  the  state,  wliether  an 
act  of  the  legislature  or  an  ordinance  of  a  municipal 
corjioration.     (Matter  of  Maguire.  ."7  Cal.  604.) 

Tlie  word  "qualified,"  as  used  in  tliis  section,  is  pre- 
.sumed  to  be  used  in  its  natural  and  ordinary  sense. 
CNIntter  of  Maguire,  r»7  Cal.  60-1:  \\"eill  v.  Kenlield,  r>4 
Cal.  111.) 

An  ordinance  proliiliiting  tlie  enii)l()yment  of  fe- 
males in  dani-e-lialls.  etc.,  is  in  violation  of  this  sec- 
tion. (Matter  of  Maguire.  ru  Cal.  604.  Hut  see  Ex 
parte   Felclilin,   96   Cal.   I'.CO,  31   Pac.    224.) 

A  city  ordinance  M-liich  fixes  the  license  for  tlie 
carrying  on  of  a  saloon  wiiei-e  females  are  eniphjycd, 
and  where  intoxicating  liquors  are  sold  in  less  quanli- 


Article  XS,  Sectiou  17, 

Sec.  17.    The  time  of  service  of  all  laborers 

publ  c  works  of  the  state  of  California,  or  of  any 
eounty    cty   and   connty,   city,   town    d^tr    t 

irof''\°:'/''^'''''^'-  P"''«-'  ™M'v  n 
theieof,  whether  said  work  is  done  by  contract 
or^o  herwise.  shall  be  lin.Hed  and  res'rlted  t 

cTses  of  '  t  "  T  ""'  "'^"""  "'y'  --Pt  in 
flood  „  T'°"^'''''y  ""«-?»oy  caused  by  Are 
flood,  -  danger  to  life  and  property,  or  except  to 
«o.k  upon  public,  nnlitary,  or  naval  works  or 

P  fv^drb"  T  1  "■'■"■•  ""'  •""  '^^'^"""-  ^ha  1 
prov.de  by  law  that  a  stipulation  to  this  effect 
shall  be  .neorporated  in  all  contracts  for  public 
work  and  prescribe  proper  penalties  fc^.  e 
peedy  and  efficient  enforcanent  of  said  la 
( Ai.i,.n,l,„ent  adopted  November  4,  lOOi.) 


353  CONSTITUTION  OF  1879.     Art.  XX,  §§  19,  20 

ties  tlinn  one  quart,  at  a  hi^lier  rate  than  a  license 
f'(ir  fonductinjar  a  saloon  where  females  are  not  ein- 
l»h).ve(l,  is  valid.  (Ex  parte  Felehlin.  0(1  Cal.  3(50. 
Opinion  of  MeKinstry.  J.,  in  Matter  of  ^Maguire,  57 
Cal.  (>14.  approved.) 

An  ordiuuuce  providing  that  no  licen.'^e  shall  be  is- 
sued to  persons  engaged  in  tlie  sale  of  liquors  in  dance- 
halls,  or  dunce-collars,  or  in  places  where  musical,  the- 
alrical,  or  other  public  exhibitions  are  given,  and 
Avhere  females  attend  as  waitresses,  is  valid.  (Ex 
parte  Hayes,  08  Cal.  5.:i5,  33  Tac.  337.) 

Sec.  19.  Nothing  in  this  constitution  shall 
prevent  the  legislature  from  providing,  by  law, 
for  the  payment  of  the  expenses  of  the  convention 
framing  this  constitution,  including  the  per  diem 
of  the  delegates  for  the  full  term  thereof. 

Sec.  20.  Elections  of  the  officers  provided  for 
by  this  constitution,  except  at  the  election  in  the 
year  eighteen  hundred  and  seventy-nine,  shall  be 
held  on  the  even-numbered  years  next  before  the 
expiration  of  their  respective  terms.  The  terms 
of  such  officers  shall  commence  on  the  first  Mon- 
day after  the  first  day  of  January  next  following 
their  election. 

TIME  OF  ELECTIONS.— This  section  controls  all 
other  provisions  of  the  constitution  as  to  when  the 
term  of  office  of  officers  elected  under  it  commence. 
(Merce<l  Bank  y.  Rosenthal,  99  Cal.  39,  31  Pac.  849,  33 
Pac.  732.) 

The  officers  mentioned  in  this  section  are  not  the 
county,  township,  and  municipal  officers  who  are  dis- 
tinctly mentioued  in  section  5,  article  11,  and  the 
duration  of  whose  terms  the  legislature  is  expressly 
directed  to  fix.     (In  re  Stuart,  .13  Cal.  745.) 

The  officers  mentioned  in  this  section  are  the  same 


Art.  XX,  §  20    co>STiTUTiON  of  1879.  354 

as  those  mentioned  in  section  10,  article  22.     (Barton 
V.  Kalloch.  56  Cal.  95.) 

Under  tliis  section  justices  of  the  peace  are  to  be 
elected  in  the  even-numbered  years.  (People  v.  Kan- 
som,  58  Cal.  558:  Bishop  v.  Oaldand.  58  Cal.  572; 
Jenks  V.  Oakland,  58  Cal.  576;  Coggins  v.  Sacra- 
mento, 59  Cal.  599.) 


355  CONSTITUTION  OF  1879,        Alt,  XXI,  §  1 


ARTICLE  XXI. 
BOUNDARY. 

Section  1.  The  boundary  of  the  state  of  Cali- 
fornia shall  be  as  follows;  Commencing  at  the 
point  of  intersection  of  the  forty-second  degree 
of  north  latitude  with  the  one  hundred  and  twen- 
tieth degree  of  longitude  west  from  Greenwich, 
and  running  south  on  the  line  of  said  one  hun- 
dred and  twentieth  degree  of  west  longitude  un- 
til it  intersects  the  thirty-ninth  degree  of  north 
latitude;  thence  running  in  a  straight  line,  in 
a  southeasterly  direction,  to  the  River  Colorado, 
at  a  point  where  it  intersects  the  thirty-fifth  de- 
gree of  north  latitiide;  thence  down  the  middle  of 
the  channel  of  said  river  to  the  boundary  line  be- 
tween the  United  States  and  Mexico,  as  estab- 
lished by  the  treaty  of  May  thirtieth,  one  thou- 
sand eight  hundred  and  forty-eight;  thence  run- 
ning west  and  along  said  boundary  line  to  the 
Pacific  Ocean,  and  extending  therein  three  Eng- 
lish miles ;  thence  running  in  a  northwesterly  di- 
rection and  following  the  direction  of  the  Pa- 
cific  Coast  to   the   forty-second   degree   of  north 


Art.  XXI,  §  1     coxsTiTUTiON  OF  1879.  350 

latitude;  thence  on  the  line  of  said  forty-second 
degree  of  north  latitude  to  the  place  of  beginning. 
Also,  including  all  the  islands,  harbors,  and  bays 
along  and  adjacent  to  the  coast. 


357  CONSTITUTION  OF  1S79.     Art.  XXII,  §  1 


AETICLE  XXII. 

SCHEDULE. 

§     1.  Laws  to  remain  in  force. 

§    2.  Recognizances,  obligations,  etc.,  unaffected. 

§    3.  Courts,  save  justices'  and  police  courts,  abol- 
ished—Transfer of  records,  books,  etc. 

§     4.  State  printing. 

§     5.  Ballots  to  be  printed. 

§     6.  Registers,  poll-boolvs,  etc.,  to  be  furnished. 

§     7.  Who  entitled  to  vote  for  constitution. 

§     8.  Canvass  of.  returns  of  vote. 

§     9.  Computing  returns  of  vote. 

§  10.  Terms  of  officers  first  elected. 

§  11.  Laws  applicable  to  judicial  system. 

§  12.  Constitution,  when  to  take  effect. 

That  no  inconvenience  may  arise  from  the  al- 
terations and  amendments  in  the  constitution  of 
tliis  state,  and  to  carry  the  same  into  complete 
effect,  it  is  hereby  ordained  and  declared: 

Section  1.  That  all  laws  in  force  at  the  adop- 
tion of  this  constitution,  not  inconsistent  there- 
with, shall  remain  in  full  force  and  effect  until 
altered  or  repealed  by  the  legislature;  and  all 
rights,  actions,  prosecutions,  claims,  and  contracts 
of  the  state,  counties,  individuals,  or  bodies  cor- 


Art.  XXII,  §  1     CONSTITUTION  OF  1879.  358 

porate,  not  inconsistent  therewith,  shall  continue 
to  be  as  valid  as  if  this  constitution  had  not  beeii 
adopted.  The  provisions  of  all  laws  which  are 
inconsistent  with  this  constitution  shall  cease 
upon  the  adoption  thereof,  except  that  all  laws 
which  are  inconsistent  with  such  provisions  of  this 
constitution  as  require  legislation  to  enforce  them 
shall  remain  in  full  force  until  the  first  day  of 
July,  eighteen  hundred  and  eighty,  unless  sooner 
altered  or  repealed  by  the  legislature. 

LAWS  CONTINUED  IN  FORCE.— The  constitu- 
tion of  1S79  did  not,  proprio  vigore,  repeal  or  dis- 
place all  the  statutes  of  the  state  theretofore  in  force, 
but  only  such  as  wore  inconsistent  with  those  pro- 
visions of  that  constitution  which  do  not  require  legis- 
lation to  put  tiiern  in  force.  (In  re  Stuart,  53  Cal. 
745.) 

Section  25,  article  4,  being  merely  prospective, 
special  laws  passed  before  the  adoption  of  the  con- 
stitution are  not  superseded.  (Smith  v.  McDermott, 
93  Cal.  421,  29  Pac.  34.) 

The  provision  of  the  constitution  giving  the  superior 
court  jurisdiction  of  special  proceedings,  not  requir- 
ing legislation  to  enforce  it,  the  superior  court  has 
jurisdiction,  as  the  successor  of  the  district  court, 
to  entertain  proceedings  under  sections  312  and  315 
of  the  Civil  Code,  although  those  sections  mention  the 
district  court.  (Wickcrsliam  v.  Brittan,  93  Cal.  34. 
28  rac.   792,  29  Tac.  51.) 

A  statute  giving  tlie  district  coin!  jurisdiction  of 
a  special  procc(Mling  is  not  inconsistent  with  the  con- 
stitution, and  did  not  cease  upon  its  adoption.  (Wiclj- 
ersham  v.  Brittan,  93  Cal.  34.  Fraser  v.  Alexander, 
75  Cal.  147,  IG  Pac.  757,  overruled.) 

Section  13,  article  11,  being  only  prospective,  an 
act  passed  prior  to  tlic  constitution  which  is  incon- 
sistent with  it  is  not  sui)ersedtKl.  (Commissioners 
V.  Trustees,  71  Cal.  310,  12  I'ac.  224.) 


359  CONSTITUTION  OF  1879.     Art.  XXII,  §  1 

Sections  11S3  to  1199  of  the  Code  of  Civil  Proce- 
dure, not  being  inconsistent  AA'ith  section  15,  article 
L'O.  of  the  constitution,  remained  in  force  after  its 
adoption.  (Germania  BIdg.  etc.  Assn.  v.  Wagner,  61 
Cal.  349.) 

The  law  providing  for  the  election  of  a  cleric  of 
tlie  supreme  court  was  not  superseded  by  the  con- 
stitution.    (Gross  V.   Kenfield.  57  Cal.  626.) 

Section  1,  article  13,  which  provides  that  "all  prop- 
erty in  the  state,  not  exempt  under  the  laws  of 
the  United  States,  shall  be  taxed  in  proportion  to 
its  value,  to  be  ascertained  as  provided  by  law,"  is 
self-executing,  and  requires  the  assessor  to  ascertain 
such  value  in  tlie  manner  now  provided  by  law. 
.< Hyatt  V.  Allen,  54  Cal.  353;  McDonald  v,  Patterson, 
54  Cal.  245.) 

The  Consolidation  Act  of  the  city  and  county  of 
San  Francisco  remained  in  force  notwithstanding 
section  7,  article  11,  requiring  two  boards  of  super- 
visors, since  that  section  required  legislation  to  put 
it  in  effect.     (Desmond  v.   Dunn,  55  Cal.  242.) 

The  effect  of  the  new  constitution  in  repealing  the 
provision  of  the  act  of  1878,  declaring  how  and  by 
whom  two  of  the  fire  commissioners  sliould  be  ap- 
pointed, did  not  necessarily  destroy  the  two  otfices, 
nor  affect  the  validity  of  the  act,  but  the  incumbents 
continued  to  hold  after  the  appointing  power  was 
a!)olished.  (People  v.  Newman,  96  Cal.  605,  31  Pac. 
564.) 

Where,  at  tlie  adoption  of  the  constitution,  the 
Political  Code  fixed  tlie  salary  of  county  superintend- 
ent of  schools,  and  in  1878  the  legislature  passed  a 
special  law  on  the  subject  to  go  into  effect  on  the 
first  Monday  of  March,  1880,  the  provision  of  the 
Political  Code  remained  in  force,  and  tlie  special  act 
never  went  into  effect,  (Peachy  v.  Supervisors,  59 
Cal.  .548;  Whiting  v.  Haggard,  60  Cal.  51,3.) 

Where  a  special  act  was  passed  prior  to  the  new 
constitution,  but  it  was  provided  that  it  should  not 
aftect  the  present  incnmlient,  whose  term  did  not  ex- 
jjire  until  after  the  constitution  went  into  effect,  the 
act  was  not  superseded  by  the  constitution.  (Los 
Angeles  v.  La  ml).  61  Cal.  196.  Peachy  v.  Super- 
visors, 59  Cal.  548,  distinguished.) 


Art.  XXII,  §  1     CONSTITUTION  OF  1879.  3G0 

LAWS  SUPERSEDED.— The  provision  of  the  char- 
ter of  San  Francisco  for  the  making  a  contract  for 
street  work  before  an  assessment  had  been  levied 
and  collected,  being  inconsistent  with  section  19, 
article  11,  of  the  constitution,  was  superseded  by  it. 
(Thomason  v.  Kuprgles,  69  Cal.  465.  11  Pac.  20;  Oak- 
land Pav.  Co.  V.  Hilton,  69  Cal.  479,  11  Pac.  3;  Mc- 
Donald V.  Patterson,  54  Cal.  245;  Donahue  v.  Gra- 
ham, Gl   Cal.  276.) 

The  act  of  1858  providing  for  the  fixing  of  water 
rates  by  a  commissioner,  being  inconsistent  with 
section  1,  article  14.  of  the  constitution,  was  super- 
seded by  that  section.  (Spring  Valley  W.  W.  v. 
San  Francisco,  61  Cal.  3.) 

The  provision  of  the  act  of  1858.  requiring  water 
companies  to  furnish  water  free  of  charge  to  cities 
and  counties  was  abrogated  by  this  section,  because 
in  conflict  with  section  19.  article  11.  and  section  1, 
article  14.  (Spring  Valley  W.  W.  v.  San  Francisco, 
61    Cal.    18.) 

The  provision  of  the  Political  Code  imposing  a  li- 
cense upon  the  business  of  selling  goods,  etc.,  at  a 
fixed  place  of  business,  being  in  conflict  with  section 
12.  article  11.  of  the  constitution,  became  inoperative 
upon  the  adoption  of  the  constitution.  (People  v. 
Martin,  60  Cal.  153.) 

Held  that  an  ordinance  prohibiting  the  employ- 
ment of  females  in  dance-halls,  etc.,  being  in  con- 
flict with  section  18,  article  20,  ceased  upon  the  adoj)- 
tion  of  the  constitution.  (Matter  of  Maguire,  57  Cal. 
604.) 

The  act  of  1875.  which  provided  that  the  text-books 
in  use  in  1873,  1874.  1875.  should  be  continued  in  use 
until  otherwise  provided  by  statute,  was  superseded 
by  section  7.  article  9.  wliich  provides  tliat  tlie  local 
boards  of  e<lncation  sliould  adojit  text-books  within 
tlicir  respective  jurisdictions.  (People  v.  Board  of 
Education,  55  Cal.  :v.n.) 

An  act  i)assed  before  the  adoption  of  the  consti- 
tution, but  which  was  not  to  go  into  effect  until  a 
later  date,  never  wont  into  effect.  (Speegle  v.  Joy, 
60  Cal.  278.)  .      , 


361  CONSTITUTION  OF  1879.     Art.  XXII,  §§  2,  3 

Sec.  2.  That  all  recognizances,  obligations, 
and  all  other  instruments  entered  into  or  executed 
before  the  adoption  of  this  constitution,  to  this 
state,  or  to  any  subdivision  thereof,  or  any  mu- 
nicipality therein,  and  all  fines,  taxes,  penalties, 
and  forfeitures  due  or  owing  to  this  state,  or  any 
subdivision  or  municipality  thereof,  and  all  writs, 
prosecutions,  actionsj,  and  causes  of  action,  ex- 
cept as  herein  otherwise  provided,  shall  continue 
and  remain  unaffected  by  the  adoption  of  this 
constitution.  All .  indictments  or  informations 
which  shall  have  been  found,  or  may  hereafter  be 
found,  for  any  crime  or  offense  committed  before 
this  constitution  takes  effect,  may  be  proceeded 
upon  as  if  no  change  had  taken  place,  except  as 
otherwise  provided  in  this  constitution. 

Sec.  3.  All  courts  now  existing,  save  justices' 
and  police  courts,  are  hereby  abolished;  and  all 
records,  books,  papers,  and  proceedings  from  such 
courts,  as  are  abolished  by  this  constitution, 
shall  be  transferred  on  the  first  day  of  January, 
eighteen  hundred  and  eighty,  to  the  courts  pro- 
vided for  in  this  constitution;  and  the  courts  to 
which  the  same  are  thus  transferred  shall  have 
the  same  power  and  jurisdiction  over  them  as  if 
they  had  been  in  the  first  instance  commenced, 
filed,  or  lodged  therein. 

COURTS.— When  a  trial  was  commenced  and  the 
testimony  taken  by  a  judge  before  his  term  expired 

Constitution— 31 


Art.  XXII,  §  4     coxsTiTUTiox  of  1ST9.  3G2 

under  the  old  constitution,  and  ho  Tvas  re-elected, 
under  the  new,  he  may,  as  a  judge  under  the  new, 
decide  the  case  on  the  evidence  then  taken,  without 
a  resubmission.     (Scale  v.  Ford,  29  Cal.  104.) 

The  amendments  to  the  constitution  in  1802  did 
not  ipso  facto  supersede  the  existing  courts,  but  such 
courts  continued  in  existence  until  the  new  system 
should  be  in  a  condition  to  exercise  its  functions. 
(In   re  Oliverez,   21    Cal.  415.) 

The  justices  of  the  peace  of  the  city  and  county 
of  San  Francisco,  provided  for  by  the  act  of  1SG6. 
were  continued  in  force  by  this  section,  and  are  not 
affected  bv  the  provisions  of  the  County  Government 
Act.  (Kahn  v.  Sutro,  114  Cal.  31G.  46  Fac.  87.  But 
see  People  v.  Cobb,  21  Cal.  Dec.  779.) 

The  superior  court  of  San  Francisco  is  the  suc- 
cessor of  the  municipal  criminal  court  of  that  city 
and  countv.  (Ex  parte  Williams,  87  Cal.  78,  24  Pac. 
602,    2.5    Pac.    248.) 

An  action  to  abate  a  nuisance  pending  in  the  dis- 
trict court,  being  held  to  be  an  action  in  equity 
under  the  former  constitution,  is  not  affected  by  the 
adoption  of  the  new  constitution.  (Learned  v.  Castle, 
67   Cal.  41,  7  Pac.  34.) 

The  superior  court  of  San  Francisco  acquired  juris- 
diction of  an  action  pending  in  the  district  court  of 
San  Francisco  to  recover  real  estate  in  Sonoma 
county.  (G'urnee  v.  Superior  Court,  58  Cal.  88;  San 
Francisco  Sav.  Union  v.  Abbott,  59  Cal.  400.) 

It  would  seem  that  it  was  intended  that  the  su- 
perior judge  should  succeed  to  the  duty  of  the 
countv  judge  in  respect  to  the  drawing  of  jurors. 
(People  V.  Gallagher,  55  Cal.  462.) 

The  superior  court  is  the  successor  of  the  county 
court,  and  may  issue  all  necessary  Avrits  to  the  exe- 
cution of  its  judgment.  (Ex  parte  Toland,  54  Cal. 
314.) 

The  superior  court  is  the  successor  of  the  district 
court,  and  may  carry  into  execution  a  judgment  of 
deatli  rendi'red  by  the  district  court.  (People  v.  C(»l- 
by,  54  Cal.  184.) 

Sec.  4.  The  superintendent  of  printinf^  of  the 
state  of  California  shall,  at  least  thirty  days  be- 


363  CONSTITUTION  OF  1879.     Art.  XXII,  §  5 

fore  the  first  Wednesday  in  May,  A.  D.  eighteen 
hundred  and  seventy-nine,  cause  to  be  printed 
at  the  state  printing  office,  in  pamphlet  form^ 
simply  stitched,  as  many  copies  of  this  constitu- 
tion as  there  are  registered  voters  in  this  state, 
and  mail  one  copy  thereof  to  the  postoffice  address 
of  each  registered  voter;  provided,  any  copies  not 
called  for  ten  days  after  reaching  their  delivery 
office,  shall  be  subject  to  general  distribution  by 
the  several  postmasters  of  the  state.  The  governor 
shall  issue  his  proclamation,  giving  notice  of  the 
election  for  the  adoption  or  rejection  of  this  con- 
stitution, at  least  thirty  days  before  the  said  first 
Wednesday  of  May,  eighteen  hundred  and  seventy- 
nine,  and  the  boards  of  supervisors  of  the  several 
counties  shall  cause  said  proclamation  to  be  made 
public  in  their  respective  counties,  and  general 
notice  of  said  election  to  be  given  at  least  fifteen 
days  next  before  said  election. 

Sec.  5.  The  superintendent  of  printing  of  the 
state  of  California  shall,  at  least  twenty  days 
before  said  election,  cause  to  be  printed  and  de- 
livered to  the  clerk  of  each  county  in  this  state 
five  times  the  number  of  properly  prepared  ballots 
for  said  election  that  there  are  voters  in  said  re- 
spective counties,  with  the  words  printed  thereon: 
"For  the  new  constitution,"  He  shall  likewise 
cause  to  be  so  printed  and  delivered  to  said  clerks 
five  times  the  number  of  properly  prepared  ballots 


Art.  XXII,  §§  G,  7     coxsTiTXJTiON  of  1879.  3G4 

for  said  election  that  there  are  voters  in  said  re- 
spective counties,  with  the  words  printed  thereon: 
"Against  the  new  constitution."  The  secretary 
of  state  is  hereby  authorized  and  required  to  fur- 
nish the  superintendent  of  state  printing  a  suffi- 
cient quantity  of  legal  ballot  paper,  now  on  hand, 
to  carry  out  the  provisions  of  this  section. 

Sec.  6.  The  clerks  of  the  several  counties  in 
the  state  shall,  at  least  five  days  before  said  elec- 
tion, cause  to  be  delivered  to  the  inspectors  of 
elections,  at  each  election  precinct  or  polling  place 
in  their  respective  counties,  suitable  registers,  poll- 
books,  forms  of  return,  and  an  equal  number  of 
the  aforesaid  ballots,  which  number,  in  the  aggre- 
gate, must  be  ten  times  greater  than  the  number 
of  voters,  in  the  said  election  precincts  or  polling 
places.  The  returns  of  the  number  of  votes  cast 
at  the  presidential  election  in  the  year  eighteen 
hundred  and  seventy-six  shall  serve  as  a  basis  of 
calculation  for  this  and  the  preceding  section; 
provided,  that  the  duties  in  this  and  the  preceding 
section  imposed  upon  the  clerk  of  the  respective 
counties  shall,  in  the  city  and  county  of  San 
Francisco,  be  performed  by  the  registrar  of  voters 
for  said  city  and  county. 

Sec.  7.  Every  citizen  of  the  United  States, 
entitled  by  law  to  vote  for  members  of  the  assem- 
l)ly  in  this  state,  shall  be  entitled  to  vote  for  the 
adoption  or  rejection  of  this  constitution. 


3U5  CONSTITUTION  OF  1879.     Art.  XXII,  §§  8,  9 

Sec.  8.  The  officers  of  tlie  several  counties  of 
this  state,  wliose  duty  it  is,  under  the  law,  to 
receive  and  canvass  the  returns  from  the  several 
precincts  of  tlieir  respective  counties,  as  well  as  of 
the  city  and  county  of  San  Francisco,  shall  meet 
at  the  usual  places  of  meeting  for  such  purposes 
on  the  first  Monday  after  said  election.  If,  at 
the  time  of  meeting,  the  returns  from  each  pre- 
cinct in  the  county  in  which  the  polls  were  opened 
have  heen  received,  the  hoard  must  then  and  there 
proceed  to  canvass  the  returns;  hut  if  all  the 
returns  have  not  been  received,  the  canvass  must 
be  postponed  from  time  to  time  imtil  all  the  re- 
turns are  received,  or  until  the  second  Monday 
after  said  election,  when  they  shall  proceed  to 
make  out  returns  of  the  votes  cast  for  and  against 
the  new  constitution;  and  the  proceedings  of  said 
boards  shall  be  the  same  as  those  proscribed  for 
like  hoards  in  the  case  of  an  election  for  governor. 
Upon  the  completion  of  said  canvass  and  returns, 
the  said  board  shall  immediately  certify  the  same, 
in  the  usual  form,  to  the  governor  of  the  state  of 
California. 

Sec.  9.  The  governor  of  the  state  of  California 
shall,  as  soon  as  the  returns  of  said  election  shall 
be  received  by  him,  or  within  thirty  days  after 
said  election,  in  the  presence  and  with  the  assist- 
ance of  the  controller,  treasurer,  and  secretary  of 
state,  open  and  compute  all  the  returns  received 


Art.  XXII,  §  10     coNSTiTUTiox  OF  1S79.  3GG 

of  votes  cast  for  and  against  the  new  constitution. 
If,  by  such  examination  and  computation,  it  is  as- 
certained that  a  majority  of  the  whole  number 
of  votes  cast  at  such  election  is  in  favor  of  such 
new  constitution,  the  executive  of  this  state  shall, 
by  his  ^proclamation,  declare  such  new  constitution 
to  be  the  constitution  of  the  state  of  California, 
and  that  it  shall  take  effect  and  be  in  force  on 
the  days  hereinafter  specified. 

Sec.  10.  In  order  that  future  elections  in  this 
state  shall  conform  to  the  requirements  of  this 
constitution,  the  terms  of  all  officers  elected  at  the 
first  election  under  the  same  shall  be,  respectively, 
one  year  shorter  than  the  terms  as  fixed  by  law 
or  by  this  constitution;  and  the  successors  of  all 
such  officers  shall  be  elected  at  the  last  election 
before  the  expiration  of  the  terms  as  in  this  sec- 
tion provided.  The  first  officers  chosen,  after  the 
adoption  of  this  constitution,  shall  be  elected  at 
the  time  and  in  the  manner  now  provided  by  law. 
Judicial  officers  and  the  superintendent  of  public 
instruction  sliall  be  elected  at  the  time  and  in  the 
manner  that  state  officers  are  elected. 

ELECTIONS.— Sugfrested  but  not  decided  that  it 
may  have  been,  and  i)rol)al)ly  was.  contemplated  by 
the  framers  of  the  const itul ion  tliat,  when  the  legis- 
lature sliould  provide  for  the  election  of  county, 
township,  and  municipal  ofticers,  it  would  require 
such  election  to  be  lield  in  tlie  even-numbered  years; 
but  wliellier  tlie  legislature  must  do  so,  not  decided. 
(Barton  v.  Kallocli.  r,{\  Cal.  0.").) 

Tliis  section  i-efei's  only  to  the  officers  mentioned 
in  section  -0,  article  20;  that  is,  only  to  officers  who 


367  CONSTITUTION  OF  1879.     Art.  XXII,  §  11 

derive  their  right  to  hold  office  immediately  from 
the  constitution;  and  does  not  refer  to  municipal  or 
county  officers.     (Barton  v.  Kalloch,  5G  Cal.  95.) 

Justices  of  the  peace  are  judicial  officers  within  the 
meaning  of  this  section,  and  must  be  elected  at  the 
general  election.  (McGrew  v.  Mayor  etc.  of  San 
Jose,  55  Cal.  Gil;  People  v.  Ransom,  58  Cal.  558.) 

A  police  .judge,  though  a  judicial  officer,  is  also  a 
municipal  officer,  and  is  not  one  of  those  mentioned 
in  this  section.     (People  v.  Henry,  G2  Cal.  557.) 

This  section  does  not  require  that  the  term  of  such 
judicial  officers  as  the  legislature  may  authorize  to 
be  elected  shall  be  uniform  throughout  the  state. 
(Kahn  v.  Sutro.  114  Cal.  316,  46  Pac.  87.) 

Sec.  11.  All  laws  relative  to  the  present  judi- 
cial system  of  the  state  shall  be  applicable  to  the 
judicial  system  created  by  this  constitution  until 
changed  by  legislation. 

JUDICIAL  SYSTEM.— The  several  courts  of  the 
state  continued  with  their  jurisdiction,  notwithstand- 
ing the  adoption  of  the  amendments  of  18G2,  until 
the  organization  of  the  new  courts  by  which  they 
were  to  be  superseded.  (Gillis  v.  Barnett,  38  Cal. 
393.) 

Section  204  of  the  Code  of  Civil  Procedure  as  to 
grand  juries  was  continued  in  force  by  this  provision 
of  the  constitution.  (People  v.  Durrant,  116  Cal.  179, 
48  Pac.  75.) 

The  justices  of  the  peace  of  the  city  and  county 
of  San  Francisco  provided  for  by  the  act  of  18G6  were 
continued  in  force  by  tliis  section,  and  are  not  af- 
fected by  the  County  novernment  ^ct.  (Kahn  v. 
Sutro,  114  Cal.  316,  46  Pac.  87.  But  see  People  v. 
Cobb.  21    Cal.  Dec.   779.) 

The  provision  of  the  fee  bill  of  1876,  so  far  as  it 
provided  for  the  fees  to  be  paid  to  the  clerk  of  the 
district  court,  was  a  law  relating  to  the  judicial  sys- 
tem of  the  state,  and  was  kept  in  force  by  the  new 
constitution,  and  made  applicable  to  the  courts  organ- 
ized thereunder.  (People  v.  Hamilton,  103  Cal.  488, 
37  Pac.  627.) 


Art.  XXII,  §  12     coNSTiTrxiON  of  1S79.  3G8 

The  superior  court  has  jurisdiction,  as  the  suc- 
cessor of  the  district  court,  to  entertain  proceedings 
under  sections  312  and  31.5  of  the  Civil  Code,  although 
those  sections  mention  the  district  court.  (Wicker- 
sham  V.  Brittan.  93  Cal.  34,  28  Tac.  792.  29  Pac.  51.) 

The  power  of  apixjinting  police  commissioners, 
vested  in  the  judges  of  certain  district  courts  by 
the  act  of  1878,  was  not  a  judicial  power,  did  not 
pertain  to  the  judicial  system  of  the  state,  and  did 
not  devolve  upon  the  judges  of  the  superior  courts. 
(Heinlen  v.  Sullivan.  64  Cal.  378,  1  Pac.  158.) 

Under  this  section,  the  law  giving  the  district 
court  power  to  fix  the  compensation  of  phonographic 
reporters  was  continued  in  force,  and  made  applica- 
ble to  superior  courts.  (Ex  parte  Reis,  64  Cal.  233, 
30  Pac.  806.) 

Under  this  section,  the  law  regulating  appeals 
from  justices'  courts  to  the  county  courts  api)lied 
to  appeals  to  the  superior  court.  (California  Fruit 
etc.  Co.  v.  Superior  Court,  60  Cal.  305.) 

The  clerk  of  the  superior  court  succeeding  to  a 
district  court  has  power,  Avithout  a  previous  order  of 
the  court,  to  Issue  an  execution  upon  a  judgment  of 
the  district  court.     (Dorn  v.  Howe.  59  Cal.  129.) 

The  statute  providing  for  the  drawing  of  jurors 
in  the  presence  of  the  county  judge,  cleric,  and  sheriff 
was  not  superseded  by  the  constitution,  since  the 
superior  judge  would  either  succeed  to  the  duty  of 
tlie  county  judge,  or,  tliere  being  no  county  judge,  tlie 
presence  of  the  clerk  and  sheriff  Avould  be  sufficient. 
(People  V.  Gallagher,  55  Cal.  462.) 

Sec.  12.  This  constitution  shall  take  eflCcct  and 
be  in  force  on  and  after  the  fourth  day  of  July, 
eigliteen  hundred  and  sevonty-nine,  at  twelve 
o'clock  meridian,  so  far  as  the  same  relates  to  the 
election  of  all  officers,  the  commencement  of  their 
terms  of  office,  and  the  meeting  of  the  legislature. 
In  all  other  respects,  and  for  all  other  purposes, 
this  constitution  shall  take  effect  on  the  lirst  day 


369 


CONSTITUTION    OF   1879. 


Signers 

of  January,  eighteen  liundred  and  eighty,  at  twelve 
o'clock  meridian. 

J.  P.  HOGE, 
President. 
Smith,  Secretary. 

Jolm  Eagon, 
Thomas  H.  Estey, 
Henry  Edgerton, 
M.  M.  Estee, 
Edward  Evey, 
J.  A.  Filcher, 
Simon  J.  Farrell, 
Abraham  Clark  Freeman, 
Jacob  Richard  Freud, 
J.  B.  Garvey, 
B.  B.  Glasscock, 
Joseph  C.   Gorman, 
W.  P.  Grace, 
William  J.  Graves, 
V.  A.  Gregg, 
Jno.   S.   Hager, 
John  B.  Hall, 
Thomas  Harrison, 
Joel  A.  Harvey, 
T.  D.  Heiskell, 
Conrad  Herold, 
D.  W.  Herrington, 
S.   G.   Hilborn, 
J.  E.  W.  Hitchcock, 
J.  E.  Hale, 


■Attest:  Edwin  F. 
A.  R,  Andrews, 
James  J.  Ayers, 
Clitus  Barbour, 
Edward  Barry, 
James  N.  Barton, 
C.  J.  Beerstecher, 
Isaac  S.  Belcher, 
Peter  Bell, 
Marion  Biggs, 
E.  T.  Blackmer, 
Joseph  C.  Brown, 
Saml.  B.  Burt, 
Josiah  Boucher, 
James   Caples, 
Aug.  H.  Chapman, 
J.    M.    Charles, 
John  D.   Condon, 
C.  W.  Cross, 
Hamlet  Davis, 
Jas.  E.  Dean, 
P.  T.  Dowling, 
Luke  D.  Doyle, 
W.  L.  Dudley, 
Jonathan  M.  Dudley, 
Presley  Dunlap, 


Signers 


CONSTITUTION   OF   1879. 


370 


Volney  E.  Howard, 
Sam  A.   Holmes, 
W.  J.  Howard, 
Wm.  Proctor  Hugliey, 
W.  F.  Huestis, 
G.  W.  Hunter, 
Daniel  Inman, 
George  A.  Johnson, 
L.  F.  Jones, 
Peter  J.  Joyce, 
J.  M.   Kelley, 
James  H.  Keyes, 
John  J.  Kenny, 
C.  K.  Kleine, 
T.   H.   Laine, 
Henry  Larkin, 
K.  M.  Lampson, 
R.  Lavigne, 
H.  M.  La  Eue, 
David  Lewis, 
J.  F.  Lindow, 
Jno.    Mansfield, 
Edward  Martin, 
J.  West  Martin, 
Push  McComas, 
John  G.  McCallum, 
Thomas  McConnell, 
Jolm  McCoy, 
Thomas  B.  McFarland, 
Hiram    Mills, 


Wm.  S.  Moffatt, 
John   Fleming   IMcNutt, 
W.  W.  Moreland, 
L.  D.  Morse, 
James  E.  Murphy, 
Edmund  Nason, 
Thorwald  Klaudius  Nel- 
son, 
Henry   Neunaber, 
Chs.  C.  O'Donnell, 
George  Ohleyer, . 
James  0' Sullivan, 
James  Martin  Porter, 
William  H.  Prouty, 
M.  R.  C.  Pulliam, 
Chas.   F.   Peed, 
Patrick   Reddy, 
Jno.  M.  Rhodes, 
Jas.  S.  Reynolds, 
Horace   C.   Rolfe, 
Chas.  S.  Ringgold, 
James  McM.  Shafter, 
Geo.  W.  Schell, 
J.  Schomp, 
Rufus  Shoemaker, 
E.   0.   Smith, 
Bcnj.  Sluirtlcff, 
Geo.  Vcnable  Smith, 
H.   W.   Sinith, 
John  C.  Stedman, 


371 


CONSTITUTION   OF    1879. 


Signers 


E.  P.  Sonle, 
J).  C.  Stevenson, 
Geo.  Steele, 
Clias.  V.  Stuart, 
W.  J.  Sweasey, 
Charles    Swenson. 
R.    S.    Swing, 

D.   S.  Terry, 
S.  B.  Thompson, 

F.  0.  Townsend, 
W.  J.  Tinnin, 
Daniel  Tuttle, 
P.  B.  Tully, 
H.  K.  Turner, 
A.  P.  Vacquerel, 


Walter  A'an  Dyke, 
Wm.  Van  Voorhies, 
Hugh  Walker, 
Jno.  Walker, 
Byron  Waters, 
Joseph  E.  Weller, 
J.  V.  Webster, 
John  P.  West, 
Patrick  M.  Wellin, 
John  T.  Wickes, 
Wm.  F.  White, 
H.  C.  Wilson, 
Jos.  W.  Winans, 
N.  G.  Wyatt. 


TABLE  OF  STATUTES 

DECLARED  UNCONSTITUTIONAL 

IN  WHOLE  OR  IN  PART. 


statutes    Page  Chapter                                 Case 

1850  93  33  Caulfield  v.   Hudson,  3  Cal,   380. 
176  71  Bui-iroyue  v.  Supervisors,  5  Cal.  9. 
205  85  People  v.  Burbank,  12  Cal.  378. 
210  86  Bursoyne  v.  Supervisors.  5  Cal.  9. 
254  103  Georffe  v.  Ransom,  15  Cal.  322. 
275  119  People  v.  Tinder,  19  Cal.  539. 
428  142  In  re  Holdforth,  1  Cal.  438. 

1851  9  1     Parsons  v.  Tuolumne  etc.   Co.,  5 

Cal.  43;  Zander  v.  Coe,  5  Cal. 
230. 
51  5    Tav  v.  Ilawley,  39  Cal.  93;  Exline 

V.  Smith,  5  Cal.  112;  Crawford 
V.  Bark  Caroline  Keed,  42  Cal. 
469. 
Smith  V.  Morse,  2  Cal.  524. 

1852  78         36    State  v.  Steamship  Oonstitulion, 
42  Cal.   578. 

People  v.  Wells,  2  Cal.  106.  610. 
People  V.  llosborough,  14  Cal.  180. 

1853  71  51     State  v.  Steamship  Constitution, 
42  Cal.  578. 

Guy  V.  Ilermance,  5  Cal.  73. 
Ilardenburgh  v.  Kidd,  10  Cal.  402. 

1854  84  78    Houston  v.  Williams,  13  Cal.  24. 
Dickey  v.  Hurlburt,  5  Cal.  343. 

1855  80  73     Greely  v.  Townsend,  25  Cal.  604. 
Gillan  v.  Hutchinson,  16  Cal.  1.j3. 
Stone  V.  Elkiiis,  24  Cal.  12."). 
Bobiiison  v.   IMagee,  9  Cal.  81. 
IVoitle  V.  .Tolmson,   6   Cal.  499. 
Dick's   Estate  v.   Gherke,  6  Cal. 

mn 

(.(72) 


387 

88 

78 

36 

162 

87 

233 

146 

71 

51 

219 

160 

233 

167 

84 

78 

108 

128 

80 

73 

145 

119 

160 

131 

165 

1.38 

180 

145 

299 

229 

873  TTNCONSTITUTIONAL  STATUTES. 

Statutes    Page    Chapter  Case 

1856  54  47     Billings  t.  Hall,  7  Cal.  1. 

100  85    McCauley  v.  Brooks,  16  Cal.  11. 

110  95    Nouf^ues  v.  Douglass,  7  Cal.  65. 

145  125  People  v.  Woods,  7  Cal.  579;  Peo- 
ple V.  Bond,  10  Cal.  563;  Taylor 
V.  Palmer,  31  Cal.  240. 

1857  222        192    People  v.  Tenipleton,  12  Cal.  394. 

1S58         32  43    McCauley  v.  Weller,  12  Cal.  500. 

124        171     Ex   parte   Newman,    9    Cal.    502; 

contra,  Ex   parte    Andrews,   18 

Cal.  678. 
254        288    San   Francisco  v.    Spring  Valley 

W.   W.,   48   Cal.   493. 
305        319    Brumagim  v.  Tillinghast,  18  Cal. 

265. 
322        336    Grogau  v.  San  Francisco,  18  Cal. 

590. 

1859        343        315    People  v.  McCreery,  34  Cal.  432; 
People  V.  Gerlje,  35  Cal.  677. 

Lin   Sing  v,  Washburn,  20  Cal. 

534. 
People  V.  Raymond,  34  Cal.  492. 

People  y.  Washington.  36  Cal.  658. 
Crosby  v.  Lyon,  37  Cal.  242. 
Bourland  v.  Hildreth,  26  Cal.  161. 
Gaulfield  v.  Stevens,  28  Cal.  118. 

People  V.  Sanderson,  30  Cal.  160: 
Day  V.  Jones,  31  Cal.  261. 

People  V.  Kelsey,  34  Cal.  470. 
People  V.  McCreery,  34  Cal.  432; 

People  V.  Gerlve,  35  Cal.  677. 
Pryor  v.  Downey,  50  Cal.  388. 

Waterloo   T.   R.    Co.   v.   Cole,   51 
Gal.  381. 
196    Rose  V.   Estudillo,  39  Cal.  270. 
Wilson  V.  Supervisors,  47  Cal.  91. 

In  re  Market  St.,  49  Cal.  546, 

Smith  V.  Brown,  59  Cal.  672;  Peo- 
ple V.  Edwards,  93  Cal.  153. 

Constitution— 32 


1802 

462 

339 

539 

416 

1863 

69 
145 

549 

586 

70 
125 

355 
395 

1804 

198 
431 

204 
383 

1805-66  689 

786 

528 
505 

824 

590 

1867-68  159 

181 

176 

316 

196 
293 

1809-' 

70  026 

434 

1871-72  243 

204 

UNCONSTITUTIONAL   STATUTES.  374 

Statutes    Page    Chapter  Case 

1871-72  415        308     Williams  v.  Corcoran.  46  Cal.  553. 
443        334    Chollar  M.  Go.  v.  Wilson,  66  Cal. 

374. 
773        536     Savings  etc.    Soc.    v.    Austin,    46 
Cal.  415. 

1873-74    50  54    Young  f.   Wright.    52    Cal.    407; 

Sutherland  v.    Sweem,   53   Cal. 

48. 
376        273    People  v,  Townsend.  56  Cal.  633. 
434        300     Ex  parte  Wall,  48  Cal.  279. 
477        331     People  v.  Pittsburg  R.  R.  Co.,  67 

Cal.  625,  8  Pae.   381. 
588        414    Reis  v.  Graff,  51  Cal.  86;  Brady 

V.  King,  53  Cal.  44. 
691        460     People  v.  Lynch,  51  Cal.  15. 
746        511     Harper  v.  Rowe,  53  Cal.  233. 
832        595     Harper  v.   Rowe,  53  Oal.  233. 
896        045    People  v.  Lynch,  51  Oal.  15. 

1875-76    82        114    Spring  Valley  W.  W.  v.  Bryant, 

52   Cal.   132. 
140        137     People  v.  Houston,  54  Cal.  536. 
214        190    Hoagland  v.  Sacramento,  52  Cal. 

142. 
753        495    Montgomery  Avenue  Case,  54  Cal. 

579. 

1877-78  181        138    Knox  v.  Los  Angeles,  58  Cal.  59. 
341        282     Fanning  v.  Scammel,  68  Oal.  428, 

i)  Pac.   427. 
419        317    Schumacher     v.     Toberman,     56 

Oal.  508. 
442        333     Purdy  v.  Sinton,  56  Oal.  133. 
777        501     I'.oorinan    v.    Santa    Barbara,    65 

Cal.  313,  4   Pac.  31. 

1880  1  1     Weill  v.  Kenfield,  54  Oal.  111. 

20  26   San    Francisco  v.    Broderick,    125 

Cal.    188,   57   Pac.  887. 
55  03    Ilutson  v.  Protection  Dlst.,  79  Cal. 

90.  10  Pac.  549,  21  Pac.  435. 
67  71     People   v.  Chapman,  61  Cal.  262. 

80  84     Dx  parte  Westortield,  55  Cal.  550. 

123        110     In  re  Ah  Chong,  5  Pac.  0.  L.  J. 
451. 


375  UNCONSTITUTIONAL   STATUTES. 

Statutes    Page    Chapter  Case 

1880  123        117    Doanev.  Well,  58  Cal.  334;  People 

V.  Parks,  58  Cal.  624;  Callahan 
V.    Dunn,   78   Cal.   3G6,   20   Pac. 
f737. 
137        124    Desmond  v.  Dunn,  55  Cal.  242. 
527        244     Leonai-d   v.    January,  56   Cal.    1; 
(Ban.)  Dillon  v.  Bicknell,  116  Cal.  Ill, 

47  Pac.   937. 

1881  15  21    Nickey  v.  Stearns    Ranchos    Co., 

126  Cal.  150,  58  Pac.  459. 
51  51     Ex  parte  Cox,  63   Cal.  21. 

54  52    Fitch  v.  Supervisors,  122  Cal.  285, 

54  Pac.  901. 
81  71    People  v.  Chapman,  61  Cal.  262. 

1883  54  30    People  v.  Kewen,  69  Cal.  215,  10 

Pac.  393. 
93  49    Tulare  v.  Hevren,  126  Cal.  226,  58 

Pac.  530. 
370  82     Los  Angeles  v.  Teed,  112  Cal.  319, 

44  Pac.  580. 
1885  13  15    San  Francisco  v.  Insurance  Co., 

74  Cal.  113,  15  Pac.  380. 
45         39    Western     Granite     etc.     Co.     v. 
.Knickerbocker,  103  Cal.  Ill,  37 
Pac.  192. 
160        154    Miller   v.    Kister,   68   Cal.   145,   8 
Pac.   813;   People  v.   Henshaw, 
76  Cal.  436,  18  Pac.  413. 
203        157    People  v.  Kewen,  69  Cal.  215,  10 
Pac.  393. 
1887        178        169    Dougherty  v.  Austin,  94  Cal.  601, 

28  Pac.  834,  29  Pac.  1092. 
1889        148        138    Farrell  v.  Board  of  Trustees,  85 
Cal.  408,  24  Pac.  868. 
212        178     Cullen  v.  Glendora  Water  Co.,  113 
Cal.  503,  39  Pac.   769,  45  Pac. 
«22. 
1232       '206    San  Luis  Obispo  v.    Graves,    84 

Cal.   71,   23   Pac.   1032. 
302        207     People   v.    Common    Council,    85 
Cal.  3C9,  24  Pac.  727;  Fisher  v. 
Police  Court,  80   Cal.    158,    24 
Pac.  1000. 


UNCONSTITUTIONAL   STATUTES.  376 

Statutes    Page    Cbapter  Case 

1889       455  1    People  v.   Teal,   85  Cal.  S33,   24 

Pac.   603. 
1891  5  7    San  Francisco  v.  Broderick,  125 

'Cal.    188,   57   Pac.   887. 
182        137    McCabe  v.  Carnenter,  102  Cal.  469, 

66  Pac.   836. 
195        146    Slocum  v.  Bear  Valley  Irr.  Co.. 

122  Cal.  555,  55  Pac.  403;  Keen- 
er V.   Eagle  etc.   Co.,  110    Cal. 

e27,  43  Pac.  14;  Ackley  v.  Black 

Hawk  etc.  Co.,  112  Cal.  42,  44 

iPac.  330. 
283        205     Murray  v.    Colgan,    94  Cal.    435, 

29  Pac.  871. 
295        216     People  v.   .Johnson,   95   Cal.   471, 

31  Pac.  611;  Welch  v.  Bramlet, 

98  Cal.  219,  33  Pac.  66;  Bloss  v. 

Lewis,  109    Cal.    493,  41    Pac. 

1081. 
433        226    Ex    parte    Giambonini,  117    CaL 

573,  49  Pac.  732. 
513        280    Conlin  v.  Supervisors,  99  Cal.  17, 

33  Pac.  753. 
1893  33  21     Ramish    v.    Hartwell,    126    Cal. 

443,  58  Pac.  920. 
57  45    Molineux  v.  State,  109  Cal.  378, 

42  Pac.  34. 
59         47    Los    Angeles   v.    Teed,   112   Cal. 

319,  44  Pac.  580. 
61  48    Los  Angeles  v.  Hance,  122  Cal. 

77,  55  Pac.  387. 
127        112     Rnucr  v.  Williams,  118  Cal.  401, 

50  Pac.  G91. 
168        143     People  v.  Markham,  104  Cal.  232, 

37  Pac.  918. 
280        197    Darcy    v.    Mayor    of     San   Jose, 

104  Cal.  642,  38  Pac.  500. 
346        234    Hale  v.  McGettigan,  114  Cal.  112, 

45  Pac.  K)49. 
1895  1  2    Dwvcr   v.    Parker,   115  Gal.  544, 

47  Pac.  372. 
107         11.".    Taylor  v.  Mott,  123  Oal.  497,  56 

Pac.  256. 
164        160     K.Muer  v.  Williams,  118  Cal.  401, 

50  i':ic.  (;;)i. 


377  UNCONSTITUTIONAL   STATUTES. 

Statutes    Page    Chapter  Case 

1895  205  178  Miner  v.  Justice's  Court,  121  Cal 
2C4,  53  Pac.  795. 
207  181  Marsh  v.  Supervisors,  111  Cal. 
368.  43  Pac.  975;  Gett  v.  Su- 
pervisors, 111  Cal.  366,  43  Pac. 
1122. 
246        200    Ex  parte  .Tentzsch,  112  Cal.  468, 

.44  Pac.  80.3. 

267        207    Fatjo  v.   Pfister,  117  Cal.  86,  48 

Pac.    1012;    Dwyer   v.   Parlier, 

115  Cal.  544.  47  Pac.  372;  Coolev 

V.  Calaveras  Co.,  121  Cal.  482, 

53  Pac.  1075;  Kiernan  v.  Swan, 
131  Cal.  410. 

341        221     Dcnman  v.  Broderick,    111    Cal. 

96.  43  Pac.  516. 
409  12     Miner  v.  Justice's  Court,  121  Cal. 

264,  53  Pac.  795. 
1897  54         60    Popper  v.  Broderick,  123  Cal.  456, 

56  Pac.  53. 
72  78    Popper  v.  Broderick,  123  Cal.  456, 

56  Pac.  53. 
75  82    Los  Angeles  v.  Hance,  122  Cal. 

77,  54  Pac.  387. 
77  83    Estate  of  Stanford.  126  Cal.  112, 

54  Pac.  259,  58  Pac.  462. 

115        106     Spier  v.   Baker,  120  Cal.  370,  52 

Pac.  659. 
135        107    Pereria  v.  Wallace,  129  Cal.  397, 

6  Pac.  61. 
192        132    Popper  v.  Broderick,  123  Cal.  456, 

56  Pac.  53. 
231        170    Johnson   v.   Goodyear    Min.   Co., 

127  Cal.  4,  59  Pac.  304. 
452        277     Loui?her  v.  Soto,  129  Cal.  610,  62 
Pac.  184. 
1899  24  24    People  v.  Curry,  130  Cal.  82,  62 

Pac.  516. 
47  46    Britton    v.    Board     of     Election 

Commrs.,  129  Cal.  337,  61  Pac. 
1115. 
1901         117        102     Lewis  v.  Dunne,  22  Cal.  Dec.  559. 
Lewis  V.  Dunne,  22  Cal.  Dec.  559. 
Lewis  V.  Dunne,  22  Cal.  Dec.  559. 


117 

102 

332 

157 

433 

158 

TABLE  OF  PARALLEL  SECTIONS 

IN  CONSTITUTIONS  OF 

184:9  AND  1879. 


1879 

1849 

187 

9 

1849 

Art.  See.   Art.     Sec. 

ArU 

Sec. 

Art. 

Sec 

J   1     I 

1 

I 

21 

2 

2 

22 

3 

23 

I 

21 

4 

4 

24 

5 

5 

II 

1 

II 

1 

6 

6 

1 

5 

6 

7 

2 

2 

7 

3 

3 

3 

8 

4 

4 

9 

9 

5 

6 

10 

10 

III 

1 

III 

1 

11 

11 

IV 

1 

IV 

1 

12 

12 

2 

2 

12 

13 

3 

3 

13 

8 

4 

4 

14 

4 

5 

15 

15 

5 

6 

IG 

K! 

7 

17 

IT 

G 

I 

14 

18 

IS 

G 

IV 

28 

19 

10 

G 

29 

20 

20 

6 

Schedule 

14 

(378) 


379 


PARALLEL   SECTIONS. 


1879 

1849 

1879 

1849 

Art.  Sec. 

Art. 

Sec. 

Art. 

Sec. 

Art. 

Sec 

IV    7 

IV 

8 

V 

13 

V 

14 

8 

9 

14 

15 

9 

10 

15 

16 

10 

11 

16 

17 

11 

12 

17 

18 

12 

13 

18 

19 

13 

14 

20 

14 

15 

19 

21 

15 

16 

19 

Schedule 

15 

16 

17 

20 

17 

18 

VI 

1 

VI 

1 

18 

19 

2 

2 

19 

20 

3 

3 

20 

21 

4 

4 

21 

22 

5 

6 

22 

23 

5 

8 

23 

24 

5 

24 

25 

6 

7 

24 

XI 

21 

7 

25 

IV 

26 

8 

26 

27 

9 

27 

30 

10 

28 

38 

11 

9 

29 

12 

30 

12 

31 

XI 

10 

13 

10 

32 

14 

11 

33 

15 

13 

34 

I 

22 

10 

14 

35 

17 

15 

V   1 

V 

1 

18 

16 

2 

2 

19 

17 

3 

3 

20 

18 

4 

4 

21 

5 

5 

22 

6 

6 

23 

7 

. 

7 

24 

8 

8 

VII 

1 

VII 

1 

9 

9 

VIII 

1 

VIII 

1 

10 

10 

1 

2 

11 

11 

1 

12 

12 

2 

PARALLEL   SECTIONS. 


380 


1879 

1849 

1879 

1849 

Art,     Sec. 

Art. 

Sec. 

Art. 

Sec. 

Art. 

Sec 

IX       1 

IX 

2 

XII 

6 

2 

1 

7 

3 

8 

4 

0 

5 

3 

10 

6 

11 

7 

12 

8 

13 

9 

4 

14 

X       1 

15 

2 

16 

3 

17 

4 

18 

5 

19 

6 

20 

XI       1 

21 

2 

22 

3 

23 

4 

XI 

4 

24 

5 

5 

XIII 

1 

XI 

la 

5 

9 

2 

6 

3 

7 

4 

8 

5 

8^ 

6 

n 

7 

10 

8 

11 

9 

12 

10 

13 

11 

14 

12 

15 

13 

16 

XIV 

1 

17 

o 

].S 

IV 

37 

XV 

1 

10 

2 

XII       1 

IV 

31 

3 

2 

32 

XVI 

1 

VIII 

1 

3 

3(; 

1 

Schedule 

16: 

4 

33 

XVII 

1 

XI 

1& 

5 

34 

2 

5 

35 

3 

381 


FABALLEL  SECTIONS. 


1870 
Art.     Sec. 


1849 
Art. 


XVIII 
XIX 


XX 


XI 


1 

2 

3 

4 

1 

2 

3 

4 

5 

6 

7 

8 

9 
10 
11 
12 

12  Schedule 

13  XI 
14 

15 
16 


Sec. 
1 
2 


1 
2 
3 

6 
8 
11 
12 
14 
16 
17 
18 
19 
4 
20 


1879 

Art.     Sec. 
XX     17 


1849 
Art, 


XXI 
XXII 


18 
19 

20    Schedule 
XII 
Schedule 


10 
11 
12 


VI 

Schedule 


IV 


Sec. 


13 
1 
3 

1 

19 
2 
G 
6 
6 
5 

7 
8 
9 
10 
11 
12 
39 


TABLE  OF  CALIFORNIA  CITA- 
TIONS TO  CONSTITU- 
TION OF  1849. 

[Citations  are  to  California  Reports,  Vols.  1  to  132.] 


I-l      1-8  (Con.)  1-15        III-l 

7   6      23  326  1  440      5   19 

9  504     29  256  6  240      5  112 

18  680      32  250  53  207      8   15 

22  324      33  281  10  403 

23  464      40  513  1-16  17  567 

32  249      41  168  22  316  20   43 

33  281  42  168  22  478 
36  671  43  79  1-17  24  126 
38  703     48  334  6  253  29  452 

50  403  13  165  30  167 

T-2        51  248  30  189  33  281 

22  324      53   45  36  671  34  525 

30  189      53  212  65  595  46  514 

69  372     53  412  47  653 

59  245  1-21  50  403 

1-3        66  500  32  240 

16  253     69  372                 IV-1 
22  316     109  449  II-l        5   21 

109  622  5   25  46  514 

1-4       130  495  26  178  47  652 
9  504 

17  612      1.9  11-2       IV-3 

18  680      22  316  26  209  26  254 

1-5         l-ll  II-3        IV-5 

11  226      17  552  26  249  26  253 

24  544 

1-7        26  255  II-4        IV-7 

19  541  3G  671  26  211  8  415 
41   31      37  375  28  140 

38  703  38   93      IV-8 

1-8        43  432  34  535 

12  83      52  601  II-6 

18    251              58      61  26     180               IV-10 
22    316                                                               34    535 
(382) 


88: 


J 

CITATIONS 

1. 

IV-17 

IV-31  (Con.) 

V-8 

VI-1 

6    GGO 

77    371 

1    535 

1 

145 

9    522 

98      53 

2     203 

1 

380 

39    541 

109    580 

3     505 

5 

20 

111      66 

6    290 

11 

85 

IV-18 

119    341 

7     523 

12 

387 

34    535 

8       12 

21 

417 

IV-32 

20     507 

22 

478 

IV-19 

24    538 

22     314 

34 

523 

2    211 

35     166 

34     541 

34 

532 

22     314 

62    461 

37    641 

39 

517 

45     218 

111      62 

41 

131 

118    483 

V-11 

48 

74 

IV-34 

34    53G 

52 

223 

IV-20 

52    198 

22    314 

105    377 

V-1 2 

VI 

-.2 

22    314 

2 

202 

TV-21 

IV-35 

5 

104 

10       43 

105    378 

V-13 

22     314 

34    536 

VI-3 

52      39 

IV-36 

43    441 

2 

202 

24    538 

8 

]G 

IV-23 

35     166 

V-16 

10 

4G 

36    621 

62     461 

2    223 

106    116 

111      62 

10       44 

VI-4 

26    253 

1 

87 

IV-24 

IV-37 

34    536 

1 

91 

9    347 

31     252 

62     569 

1 

145 

34     523 

3 

24S 

IV-25 

47     657 

V-17 

3 

389 

2    299 

48     318 

10      44 

9 

89 

6     383 

51       24 

62    569 

10 

4' J 

9     522 

10 

253 

10     316 

V-1 

V-18 

13 

30 

36    622 

5      21 

15    62 

25 
25 

28 
95 

IV-31 

V"-2 

V-20 

27 

107 

5       46 

10      44 

15       62 

30 

101 

22     423 

26     253 

26    253 

31 

144 

37     379 

62     569 

34 

33 

37     540 

V-21 

40 

482 

48     509 

V-4 

9     347 

42 

56 

52     143 

34    536 

47     366 

49 

140 

54      95 

53 

291 

CITA.TIONS.  384: 

VI-4(Con.)   VI-8(Con.)  VI-15  X-7 

55  191  20   44  2  203      55  524 

60  654  28  119  9  3^6 

80  575  12  392      ^I"! 

VI-5  34  689  5   32 

1  381  36   27  VI-16       50  572 

3  504  37  161  12  392 

11  85  38  157  30  303      XI-3 

12  387  39   99  38  395      17   20 

29  485  41  131  22  307 

42   56  VI-17       24  243 

VI-6  44  125  27  513 

3  389  45  217  55  238      oo  Ttv. 

4  342  45  679  §f  ^ 

5  95  48   72  VMS       %    ^^ 
5  230  51  433  59  191     Jl    ??^ 

9  87  52  223  ^8  31» 
10  253  53  413  VT-19       ^^  ^^ 
24   65  58  402  21  41G 
26  383 
28  121  VI-9  VIII-1 

30  575  3  389  6  500 
81  144  5  279  7   66 

31  339  6  66  13  182 
34  688  9  88  15  454 
86  28  15  92  16  253 
42   56  19  572  23  174 

51  501  24   66  27  206 

52  491  24  452  112  167 
54  288  28  119 
58  400  42   67  IX-2 
64  288  53  413  37  244      xi-7 

79  484  6  289 

VI-10  IX-3       7  102 

VI-7  8  382  48   50      22  314 

16  442  79  113 

80  683  VI-11  IX-4      128  604 
40  654  32  290  123  616 

43  435  XI-8 

VI-8  IX-5  23  182 

5   22  VI-14  5   22 

5  104  5  232  XI-O 

6  89  9   87  X-2       34  533 
9   87  26  ISO  47  657 

10  403  61   29 


58 

61 

121 

551 

XI 

-5 

33 

404 

39 

9 

47 

656 

XI-6 

8 

16 

22 

314 

84 

541 

45 

558 

S85 


CITATIONS. 

XMO 

XI-13  (Con.) 

XI-13  (Con.) 

XI-18 

27    207 

34 

475 

51     244 

2    211 

34 

657 

51    501 

22    316 

XI-13 

37 

246 

52       81 

1     252 

4D 

513 

52     601 

XI-19 

2     502 

41 

354 

58      61 

26    211 

4       49 

43 

335 

12       S3 

43 

434 

XI-15 

XII-4 

13     350 

44 

326 

14    474 

27    211 

14       16 

46 

506 

24    640 

22     369 

46 

556 

XII-31 

29     451 

47 

92 

XI-16 

61        5 

30    683 

47 

048 

58    472 

Constitution— 32 

1 

TABLE  OF  CALIFORNIA  CITA- 
TIONS TO  CONSTITU. 
TION  OF  1879. 

[Citations  are  to  California  Reports,  Vols.  1  to  132.] 


I-l 

I-ll     1-13  (ron.) 

1-21 

65   35 

59 

12 

107 

288 

60  189 

112  471 

60 

189 

115 

61 

65   35 

128  434 

65 

35 

116 

250 

69  151 

68 

145 

127 

7 

73  371 

1-2 

69 

151 

130 

123 

112  471 

92  316 

71 

631 

118   5 

73 

582 

I-i-i 

129  343 

1-3 

76 

442 

59  """' 

265 

105  606 

84 

76 

66 

501 

1-22 

89 

523 

68 

65 

54  247 

1-4 

59  •  13 

90 
91 

558 
249 

74 
79 

262 
551 

57  609 
69  485 

60  201 

94 

603 

91 

456 

83  403 

79  170 

104 

351 

94 

492 

83  494 

T-6 

109 

334 

94 

608 

86   50 

54  103 

109 

497 

95 

223 

92  316 

67  257 

111 

371 

98 

262 

115  548 

111 

569 

98 

017 

128  247 

1-7 

113 

646 

103 

616 

129  403 

64  266 

114 

146 

100 

284 

132  219 

87  354 

118 

305 

109 

(122 

. 

122  139 

119 

241 

111 

r.03 

1-23 

122 

147 

lis 

2S7 

129  347 

1-8 

126 

37 

118 

572 

56  233 

127 

7 

126 

153 

1-24 

59  245 

129 

343 

130 

495 

117  123 

60  104 

130 

034 

r>.%  040 

III 

108  003 
111  612 

1-13 
6.->  223 

1-16 
72  466 

92  321 
117  123 

115   53 

60 
68 

102 
630 

116  523 
1-17 

120  374 
127   88 

1-9 

69 

372 

65 

594 

r2  4^>6 

70 

18 

67 

•^S'> 

II-4 

73  123 

70 

177 

70 

155 

105  462 

112   97 

82 

4.")n 

100 

1.-.3 

1-19 

Ill-l 

MO 

103 

:>,:a 

68 

288 

58  043 

129  343 

104 

''"  (3S6) 

105 

606 

01  322 

;7 

CITATIONS. 

II-l(Con.) 

TV-10 

IV-24  (Con.) 

Sub.  2 

68  106 

80  213 

74 

41 

55  551 

80  234 

74 

552 

60   81 

102  470 

IV-15 

80 

270 

60  189 

106  422 

54  112 

84 

228 

62  465 

123  527 

72  467 

88 

534 

67  360 

126  672 

80  213 

93 

635 

112  471 

127  159 

85  336 

102 

31 

129  604 

100  421 

102 

418 

Sub.  3 

121  267 

114 

149 

62  465 

IV-1 

117 

86 

83  402 

56  100 

IV-16 

120 

373 

93  424 

63   21 

72  467 

122 

79 

100  120 

72  466 

80  213 

125 

414 

113  512 

92  307 

83  494 

128 

668 

117  363 

96  291 

85  337 

129 

570 

120  304 

121  267 

129 

606 

126  230 

IV-2 

130 

91 

127    7 

56  101 

IV-18 

132 

219 

96  291 

85  645 

Sub.  4 

114  114 

108  662 

IV-25 

62  465 

130   88 

122  293 

55 

490 

55 

618 

Sub.  6 

IV-3 

IV-20 

57 

613 

123  527 

55  622 

61  267 

59 

8 

56  100 

73  231 

60 

32 

Sub.  7 

96  291 

61 

38 

114  146 

114  169 

IV-22 

61 

267 

61  267 

63 

382 

Sub.  9 

IV-4 

69   77 

72 

466 

55  622 

55  622 

71  630 

73 

77 

65  123 

56  100 

77  134 

81 

499 

84   76 

96  264 

84   58 

84 

229 

94  620 

119  438 

92   55 

87 

79 

98  224 

106  116 

93 

400 

109  335 

IV-5 

121   19 

105 

616 

111  102 

65  578 

123  151 

124 

696 

113  646 

66   29 

126  118 

114  410 

96  291 

Sul 

..  1 

118.306 

IV-24 

62 

465 

IV-6 

55  496 

120 

401 

Sub.  10 

65  577 

57  613 

121 

267 

60   28 

96  290 

58  635 
60   30 

83  402 

CITATIONS. 

388 

Sub.lO(Con.) 

Sub 

>.   28 

Sub.33(Con.) 

IV-32 

105  583 

62 

465 

127 

7 

72  465 

119  521 

65 

123 

127 

684 

74  125 

124  698 

65 

291 

130 

134 

77  475 

&> 

413 

132 

221 

80  270 

Sub.  11 

98 

224 

92  606 

55  622 

111 

102 

I\ 

'-26 

93  320 

81  501 

113 

646 

68 

289 

115  532 

100  425 

114 

410 

87 

607 

121   21 

111  102 

118 

305 

89 

378 

123  498 

111  371 

124 

698 

104 

599 

124  698 

125 

192 

127 

118 

IV-34 

132 

221 

130 

326 

94  435 

Sub.  13 

83  402 

Sub 

.  29 

I\ 

^28 

TV-35 

62 

405 

80 

213 

86  550 

Sub.  15 

65 

123 

126  117 

68 

145 

I^ 

.^-29 

V-2 

85 

496 

61 

267 

56  101 

Sub.  17 

89 

523 

115 

532 

62  569 

126  117 

92 

(')06 

99   45 

103 

395 

IV-30 

114  169 

Sub.  19 

104 

644 

115 

532 

100  120 

113 

645 

V-8 

118  306 

115 

549 

I^ 

:-3l 

62  565 

124  698 

118 

300 

72 

473 

62  568 

126 

37 

74 

125 

66  655 

Sub.  20 

77 

475 

93  155 

55  495 

Sub. 

33 

80 

270 

114  170 

83  402 

81 

498 

83 

265 

123  309 

84 

76 

92 

606 

127  397 

Sub.  23 

91 

249 

93 

326 

67  300 

M 

620 

97 

252 

V-9 

100 

120 

99 

21 

130   89 

Sub.  24 

109 

497 

109 

380 

83  402 

111 

371 

112 

315 

V-15 

127   7 

112 

471 

115 

.532 

56  101 

114 

410 

117 

176 

62  569 

Sub.  27 

118 

306 

lis 

546 

114  169 

55  402 

118 

404 

123 

498 

104  351 

119 

523 

126 

118 

V-16 

124  698 

124 
126 

69S 
23U 

62  5G9 

389 


9 

CITATIONS. 

V-17 

VI-4  (Con.) 

VI-5  (Con.1 

VI-14(Con.) 

56  101 

82 

42'» 

123  G95 

94   47 

83 

112 

130   98 

103  491 

VI-1 

94 

353 

54  186 

95 

646 

VI-6 

Vl-16 

62  465 

100 

120 

55  266 

80  222 

66   4 

108 

663 

56  101 

71  633 

110 

39 

86   28 

VI-1 7 

78  557 

120 

569 

99   44 

87  39G 

82  344 

122 

534 

IM  234 

83  112 

VI-1 8 

85  335 

VI-7 

118  483 

97  216 

VI-5 

55  206 

114  330 

54 

1S6 

VI-19 

119  232 

60 

103 

VI-8 

55  238 

120  401 

00 

152 

130  573 

65  261 

121  267 

00 

307 

65  431 

60 

427 

VI-9 

65  569 

VI-2 

61 

71 

80   29 

86   33 

81  460 

62 

41 

104  234 

88  270 

82  599 

64 

444 

118  483 

88  426 

83  112 

65 

470 

96  181 

83  494 

65 

641 

VI-11 

97  453 

95   43 

66 

204 

55  611 

115   14 

71 

383 

60  103 

129  509 

VI-3 

71 

555 

GO  152 

130    8 

56  101 

73 

183 

60  427 

81  400 

76 

184 

80   40 

VI-20 

83  112 

78 

557 

90  502 

103  413 

99  45 

80 

41 

114  331 

122  288 

82 

305 

121  267 

VI-4 

83 

493 

122  119 

VI-21 

54  103 

84 

120 

122  534 

57  138 

55  191 

87 

231 

130   98 

60  115 

92 

50 

VI-22 

60  654 

93 

463 

VI-13 

80  221 

62   41 

94 

355 

78  560 

65   99 

94 

397 

85  336 

VI-24 

65  382 

100 

120 

97  216 

62  514 

65  645 

103 

120 

120  401 

67  187 

104 

203 

VI-29 

79  107 

110 

2(U 

VI-1 4 

80  222 

79  486 

117 

3S1 

56  101 

82  162 

122 

113 

CITATIONS. 

390 

VI-34 

IX-8 

XI-4 

XI-5  (Con.) 

80  222 

55  334 

56 

103 

Ill 

370 

71  630 

61 

277 

111, 

569 

IX-1 

615 

123 

113 

516 

118  120 

IX-9 

73 

77 

113 

645 

121   22 

55  334 

84 

76 

114 

327 

124  699 

66  508 

94 

624 

114 

561 

69  216 

98 

224 

115 

548 

TX-2 

104  658 

109 

334 

118 

308 

87  396 

123  619 

109 

496 

118 

404 

114 

320 

125 

192 

IX-3 

IX-11 

114 

561 

128 

247 

56  102 

104  658 

118 

308 

129 

574 

114  335 

118 

404 

131 

550 

114  561 

IX-12 

129 

574 

123  308 

56  101 

XI-6 

XT-5 

55 

246 

IX-4 

X-1 

53 

748 

58 

506 

70  157 

63  490 

56 

103 

60 

81 

97  431 

58 

90 

61 

277 

104  658 

X-4 

58 

509 

61 

319 

61  264 

60 

514 

64 

242 

IX-5 

61 

277 

66 

5 

55  334 

XM 

05 

123 

69 

470 

55  490 

56  103 

65 

288 

73 

76 

97  431 

61  277 

66 

4 

73 

312 

104  350 

114  320 

73 

77 

73 

622 

117  523 

114  561 

76 

95 

74 

26 

124  698 

129  574 

81 

500 

74 

125 

84 

75 

76 

446 

IX-6 

XI-2 

88 

531 

81 

497 

55  334 

61  277 

94 

003 

82 

341 

97  431 

71  313 

95 

332 

85 

346 

104   63 

95 

473 

86 

41 

117  523 

XI-3 

98 

222 

87 

92 

118  119 

61  277 

98 

228 

87 

606 

124  698 

97  331 

100 

273 

91 

249 

117  196 

103 

394 

92 

316 

IX-7 

104 

130 

94 

74 

55  333 

105 

626 

94 

621 

117  522 

106 

197 

95 

111 

109 

334 

99 

560 

100 

407 

102 

304 

111 

103 

104 

275 

391  CITATIONS. 

XI-6(Con.)  XI-8(Con.)  XI-10  XI-12 

104  644  87  606  61  277  58  644 

111  lOa  92  612  92  319  60  32 

114  147  97  593  10-4  644  60  155 

114  321  105  624  61  277 

115  514  114  147  XI-11  62  643 
118  403  114  364  57  007  &5  270 
123  459  115  516  61  277  66  451 
123  603  119  233  61  375  69  90 

126  386  121  265  65  35  69  610 

127  666  121  553  65  270  71  313 
129  514  123  605  66  450  73  77 

131  33  126  300  67  103  73  371 

132  381  128  403  08  296  74  117 
132  442  129  574  69  90  87  607 

130   S9  69  151  92  319 

XI-7  131  264  72  115  97  218 

55  247  132  375  73  77  99  560 

56  104  73  148  100  272 
58  566  XI-8%  73  371  102  111 

60  81  120  399  73  633  102  471 

61  37  126  406  74  23  104  644 
61  277  128  462  84  305  112  70 

84  306  132  441  87  165  117  86 
91  590  90  620  121  551 

111  103  XI-9  91  590  124  690 

114  320  61  277  94  391  129  604 

126  409  62  563  96  356 

129  574  62  566  96  608  XI-13 

81  590  98  556  55  618 

XI-8  85  596  98  684  59  96 

55  253  87  396  99  560  60  32 

55  613  92  319  102  489  61  277 

56  104  94  603  103  114  64  507 

60  81  95  473  104  644  71  312 

61  277  98  221  105  616  71  313 
61  231  104  644  106  283  71  631 
69  477  109  508  108  327  80  270 
73  82  114  123  109  321  86  48 
79  176  118  309  112  70  87  607 
82  342  118  362  124  348  97  219 

85  335  129  527  129  574  99  560 

85  345  131  466  112  329 

86  40 


CITATIONS. 

302 

-13  (Con.) 

XI-18  (Con.) 

XII-2 

XII-16(Con. 

112  5G4 

109 

153 

62  460 

71  488 

lis  308 

111 

322 

125  410 

73  183 

125  193 

112 

163 

83  493 

126  134 

112 

313 

XII-3 

94  137 

112 

326 

62  461 

98  167 

XI-14 

112 

540 

97   95 

102   48 

55  618 

113 

202 

108  425 

106   58 

59  279 

118 

530 

111   (]3 

107  380 

61  277 

119 

44 

116  384 

73   77 

119 

227 

122  523 

XII-17 

87  607 

124 

67 

124  150 

132  685 

131 

397 

125  410 

XI-15 

XII-18 

61  277 

XI-19 

XII-5 

132  686 

54 

246 

73   77 

XI-16 

61 

24 

Xir-19 

61  277 

61 

277 

XIT-7 

132  686 

87  607 

62 

108 

91  340 

92  319 

62 

232 

121   19 

XII-20 

97  219 

69 

466 

132  686 

103  493 

69 

482 

XII-9 

108  565 

72 

6 

107  643 

XTr-21 

112  315 

73 

75 

109  322 

112  329 

92 

342 

XII-10 

132  686 

113  211 

93 

161 

72  4m 

98 

618 

116  100 

XII-22 

XI-17 

118 

5 

79  163 

61  277 

118 

483 

XlI-11 

105  544 

87  608 

118 

584 

59  331 

132  678 

97  219 

129 

402 

65  617 

113  211 

73   77 

XIIT-1 

XI 

-21 

93  308 

56  202 

XI-18 

72 

389 

57  (iOO 

61  277 

XII-1 2 

,59  336 

62  frl2 

XII-1 

67  535 

<)2  lOS 

74  259 

61 

38 

93  418 

65  457 

74  417 

73 

77 

66  603 

75  505 

83 

413 

XII-15 

97  220 

92  342 

92 

31(5 

99  i;53 

97  324 

97  219 

123 

527 

115  311 

108  192 

99  413 

125 

412 

111   86 

107  648 

131 

33 

xn-16 

66  200 

113  397 
116   23 

OtfO 

XIII-l(Con.) 

XIII-9  (Con.) 

XIV-2(Con.) 

XX-5 

119    521 

67 

625 

82     304 

93    400 

128     592 

97 

324 

118     579 

128     612 

129    441 

XX-9 

131     613 

XIII-10 

58     472 

132     268 

56 

201 

XV-2 

113     139 

132     600 

59 

325 

132    106 

60 

28 

XX-11 

XIII-2 

60 

58 

XVII-1 

120    375 

104     621 

62 

565 

111     487 

63 

469 

XX-15 

XIII-4 

64 

483 

XVII-2 

61    353 

59     513 

83 

401 

88     455 

89     111 

60       58 

105 

591 

96    118 

98     151 

66     213 

125 

499 

107     623 

72       36 

128 

593 

XVII-3 

91       11 

55    103 

XX-16 

96    625 

XIII-12 

65      13 

55     524 

99     609 

104 

63 

68    508 

66     655 

118    492 

71    321 

79     113 

123     355 

XIII-13 

72    240 

82     495 

128     592 

56 

202 

88    455 

85     416 

128     610 

83 

402 

89      44 

93     155 

131    361 

90      47 

100     2&4 

XIV-1 

96    118 

110     451 

xni-5 

60 

169 

127     392 

59     544 

61 

4 

XVIII-1 

132     450 

91       11 

61 

25 

66    633 

96    626 

62 

232 

69    468 

XX-IS 

99     608 

74 

573 

72        6 

57     605 

103     376 

82 

303 

80    213 

60       82 

110     541 

90 

640 

102     117 

96     361 

131     604 

100 

125 

98    556 

107 

225 

XIX-1 

XIII-8 

112 

433 

84    230 

XX-20 

56    206 

118 

565 

126     674 

53    747 

61     103 

122 

286 

62     565 

73    623 

129 

4^41 

XX-1 

96    291 

130 

313 

102     119 

99      44 

XIII-9 

56     102 

XIV-2 

XX-4 

56     195 

61 

38 

80    234 

59     329 

62 

108 

85     416 

61       55 

62 

233 

110     451 

. 

CITATIONS.  394 

XXII-1  XXII-lCCon.)  XXII-3  XXII-10(Con.) 

53  747     69  485  54  186  62  5.i7 

54  247     71  312  54  346  62  566 

55  249  75  153  55  463  114  333 
55  334     93   40  58   90 

57  627     93  424  60  307  XXII-11 

60  155     114  563  60  515  64  235 

60  278    119  428  66  204  64  378 

60  514    121  551  114  331  93   40 

61  4  103  401 
01  32  114  331 
61  279  XXII-2  XX II -10  116  195 
61  353     60  515  55  611 

67  382  56   99  XXII-1 2 

69  467  57  626  56   99 

60  307  57  627 


APPENDIX. 

<395) 


THE 

CONSTITUTION 

OF   THE 

STATE  OF  CALIFORNIA, 


Adopted   by   the   Convention,   October    10, 
1849;  Ratified  by  the  People,  Novem- 
ber 13,  1849;  Proclaimed,  Decem- 
ber 20,  1849;  and  Amknded  in 
1857,  1862,  and  1871. 


PEEAMBLE. 

We,  the  people  of  California,  grateful  to  Al- 
mighty God  for  our  freedom,  in  order  to  secure 
its  blessings,  do  establish  this  constitution. 

ARTICLE  I. 
DECLARATION  OF  EIGHTS. 
Section  1.     All  men  are  by  nature   free  and 
independent,  and  have  certain  inalienable  rights. 

Constitution— 34       (397) 


Art.  I,  §§2-6       CONSTITUTION  OF  1849,  398 

among  which  are  those  of  enjoying  and  defending 
life  and  liberty;  acquiring,  possessing,  and  pro- 
tecting property,  and  pursuing  and  obtaining 
safety  and  happiness. 

Sec.  2.  All  political  power  is  inherent  in  the 
people.  Government  is  instituted  for  the  pro- 
tection, security,  and  benefit  of  the  people,  and 
they  have  the  right  to  alter  or  reform  the  same 
whenever  the  public  good  may  require  it. 

Sec.  3.  The  right  of  trial  by  jury  shall  be 
secured  to  all,  and  remain  inviolate  forever;  but 
a  jury  trial  may  be  waived  by  the  parties,  in  all 
civil  cases,  in  the  manner  to  be  prescribed  by  law. 

Sec.  4.  The  free  exercise  and  enjoyment  of 
religious  profession  and  worship,  without  dis- 
crimination or  preference,  shall  forever  be  allowed 
in  this  state;  and  no  person  shall  be  rendered  in- 
competent to  be  a  witness  on  account  of  his  opin- 
ions on  matters  of  religious  belief;  but  the  liberty 
of  conscience  hereby  secured  shall  not  be  so  con- 
strued as  to  excuse  acts  of  licentiousness,  or  justi- 
fy practices  inconsistent  with  the  peace  or  safety 
of  this  state. 

Sec.  5.  The  privilege  of  the  writ  of  habeas 
corpus  shall  not  be  suspended,  unless  when,  in 
<3ases  of  rebellion  or  invasion,  the  public  safety 
may  require  its  suspension. 

Sec.  6.  Excessive  bail  shall  not  be  required, 
nor  excessive  fines  imposed ;  nor  shall  cruel  or  un- 


399  CONSTITUTION  OF  1849.        Art.  I,  §§  7-9 

usual  punishments  be  inflicted ;  nor  shall  witnesses 
be  unreasonably  detained. 

Sec.  7.  All  persons  shall  be  bailable  by  suf- 
ficient sureties,  unless  for  capital  offenses  when 
the  proof  is  evident  or  the  presumption  great. 

Sec.  8.  No  person  shall  be  held  to  answer 
for  a  capital  or  otherwise  infamous  crime  (ex- 
cept in  cases  of  impeachment,  and  in  cases  of 
militia  when  in  actual  service,  and  the  land  and 
naval  forces  in  time  of  war,  or  which  this  state 
may  keep,  with  the  consent  of  Congress,  in  time 
of  peace,  and  in  cases  of  petit  larceny,  under  the 
regulation  of  the  legislature)  unless  on  present- 
ment or  indictment  of  a  grand  jury;  and,  in  any 
trial  in  any  court  whatever,  the  party  accused  shall 
be  allowed  to  appear  and  defend,  in  person  and 
with  counsel,  as  in  civil  actions.  No  person  shall 
be  subject  to  be  twice  put  in  jeopardy  for  the 
same  offense;  nor  shall  he  be  compelled,  in  any 
criminal  case,  to  be  a  witness  against  himself ;  nor 
be  deprived  of  life,  liberty,  or  property  without  due 
process  of  law ;  nor  shall  private  property  be  taken 
for  public  use  without  just  compensation. 

Sec.  9.  Every  citizen  may  freely  speak,  write, 
and  publish  his  sentiments  on  all  subjects,  being 
responsible  for  the  abuse  of  that  right ;  and  no  law 
shall  be  passed  to  restrain  or  abridge  the  liberty 
of  speech  or  of  the  press.  In  all  criminal  prose- 
cutions on  indictments  for  libels,  the  truth  may 


Art.  I,  §§  10-16    CONSTITUTION  OF  1819,  400 

be  given  in  evidence  to  the  jury;  and  if  it  shall 
appear  to  the  jury  that  the  matter  charged  as 
libelous  is  true,  and  was  published  with  good  mo- 
tives and  for  justifiable  ends,  the  party  shall  be 
acquitted;  and  the  jury  shall  have  the  right  to 
determine  the  law  and  the  fact. 

Sec.  10.  The  people  shall  have  the  right  free- 
ly to  assemble  together  to  consult  for  the  common 
good,  to  instruct  their  representatives,  and  to 
petition  the  legislature  for  redress  of  grievances. 

Sec.  11.  All  laws  of  a  general  nature  shall 
have  a  uniform  operation. 

Sec.  12.  The  military  shall  be  subordinate  to 
the  civil  power.  Xo  standing  army  shall  be  kept 
up  by  this  state  in  time  of  peace ;  and,  in  time  of 
war,  no  appropriation  for  a  standing  army  shall 
be  for  a  longer  time  than  two  years. 

Sec.  13.  No  soldier  shall,  in  time  of  peace, 
be  quartered  in  any  house  without  the  consent  of 
the  owner;  nor  in  time  of  war,  except  in  the  man- 
ner to  be  prescribed  by  law. 

Sec.  14.  Representation  shall  be  apportioned 
according  to  population. 

Sec,  15,  No  person  shall  bo  imprisoned  for 
debt  in  any  civil  action,  on  mesne  or  final  process, 
unless  in  cases  of  fraud  ;  and  no  person  shall  be 
imprisoned  for  a  militia  (ine  in  time  of  peace. 

Sec.   IG,     No   bill   of   attainder,   ex  post  facto 


401  CONSTITUTION  OF  1S49.     Art.  I,  §§  17-22 

law,  or  law  impairing  the  obligation  of  contracts, 
shall  ever  be  passed. 

Sec.  17.  Foreigners  who  are  or  who  may  here- 
after become  bona  fide  residents  of  this  state, 
shall  enjoy  the  same  rights  in  respect  to  the 
possession,  enjoyment,  and  inheritance  of  property, 
as  native-born  citizens. 

Sec.  18.  Neither  slavery  nor  involuntary  servi- 
tude, nnless  for  the  punishment  of  crime,  shall 
ever  be  tolerated  in  this  state. 

Sec.  19.  The  right  of  the  people  to  be  secure 
in  their  persons,  houses,  papers,  and  effects, 
against  unreasonable  seizures  and  searches,  shall 
not  be  violated;  and  no  warrant  shall  issue,  but 
on  probable  cause,  supported  by  oath  or  affirma- 
tion, particularly  describing  the  place  to  be 
searched  and  the  persons  and  things  to  be  seized. 

Sec.  20.  Treason  against  the  state  shall  con- 
sist only  in  levying  war  against  it,  adhering  to 
its  enemies,  or  giving  them  aid  and  comfort.  No 
person  shall  be  convicted  of  treason,  unless  on  the 
evidence  of  two  witnesses  to  the  same  overt  act, 
or  confession  in  open  court. 

Sec.  21.  This  enimieration  of  rights  shall  not 
be  construed  to  impair  or  deny  others  retained  by 
the  people. 

Sec.  22.  The  legislature  shall  have  no  power 
to  make  an  appropriation,  for  any  purpose  what- 


Art.  II,  f  §  1-3     CONSTITUTION  OF  1849.  402 

ever,  for  a  longer  period  than  two  3Tars.     [Added 
by  amendment,  ratified  September  6,  1871.] 

ARTICLE  11. 
RIGHT  OF  SUFFRAGE. 
Section  1.  Every  wliite  male  citizen  of  the 
United  States,  and  every  white  male  citizen  of 
Mexico  who  shall  have  elected  to  become  a  citizen 
of  the  United  States,  under  the  treaty  of  peace 
exchanged  and  ratified  at  Queretaro,  on  the  thir- 
tieth day  of  May,  eighteen  hundred  and  forty- 
eight,  of  the  age  of  twenty-one  years,  who  shall 
have  been  a  resident  of  the  state  six  months  next 
preceding  the  election,  and  the  county  or  district 
in  which  he  claims  his  vote  thirty  days,  shall  be 
entitled  to  vote  at  all  elections  which  are  now  or 
hereafter  may  be  authorized  by  law;  provided, 
that  nothing  herein  contained  shall  be  construed 
to  prevent  the  legislature,  by  a  two-thirds  concur- 
rent vote,  from  admitting  to  the  right  of  suf- 
frage Indians,  or  the  descendants  of  Indians,  in 
such  special  cases  as  such  a  proportion  of  the 
legislative  body  may  deem  just  and  proper. 

Sec.  2.  Electors  shall,  in  all  cases  except  trea- 
soli,  felony,  or  breach  of  the  peace,  be  privileged 
from  arrest  on  the  days  of  election,  during  their 
attendance  at  such  election,  going  to  and  return- 
ing therefrom. 

Sec.  3.     No  elector  shall  be  obliged  to  perform 


403  CONSTITUTION  OF  1849.         Art.  Ill,  §  1 

militia  duty  on  the  day  of  election,  except  in  time 
of  war  or  public  danger. 

Sec.  4.  For  the  purpose  of  voting,  no  person 
shall  be  deemed  to  have  gained  or  lost  a  residence 
by  reason  of  his  presence  or  absence  while  em- 
ployed in  the  service  of  the  United  States,  nor 
while  engaged  in  the  navigation  of  the  waters  of 
this  state  or  of  the  United  States,  or  of  the 
high  seas;  nor  while  a  student  at  any  seminary  of 
learning;  nor  while  kept  at  any  almshouse,  or 
other  asjdum,  at  public  expense;  nor  while  con- 
fined in  any  public  prison. 

Sec.  5.  No  idiot  or  insane  person,  or  person 
convicted  of  any  infamous  crime,  shall  be  entitled 
to  the  privileges  of  an  elector. 

Sec.  6.  All  elections  by  the  people  shall  be  by 
ballot. 

ARTICLE  III. 
DISTKIBUTION  OF  POWERS. 

Section  1.  The  powers  of  the  government  of 
the  state  of  California  shall  be  divided  into  three 
separate  departments:  The  legislative,  the  execu- 
tive, and  judicial ;  and  no  person  charged  with  the 
exercise  of  powers  properly  belonging  to  one  of 
these  departments  shall  exercise  any  functions  ap- 
pertaining to  either  of  the  others,  except  in  the 
cases  hereinafter  expressly  directed  or  permitted. 


Art.  IV,  §§  1-4    CONSTITUTION  OF  1S49.  404 

AETICLE  IV. 
LEGISLATIVE    DEPAKTMENT. 

Section  1.  The  legislative  power  of  this  state 
shall  be  vested  in  a  senate  and  assembly,  which 
shall  be  designated  the  legislature  of  the  state  of 
California,  and  the  enacting  clause  of  every  law 
shall  be  as  follows:  "The  People  of  the  State  of 
California,  represented  in  Senate  and  Assembly, 
do  enact  as  follows." 

Sec.  2.  The  sessions  of  the  legislature  shall  be 
biennial,  and  shall  commence  on  the  first  Mon- 
day of  December  next  ensuing  the  election  of  its 
members,  unless  the  governor  of  the  state  shall, 
in  the  interim,  convene  the  legislature  by  procla- 
mation. Xo  session  shall  continue  longer  than 
one  hundred  and  twenty  days.  [Amended  18G2. 
The  original  provided  for  annual  sessions,  begin- 
ning on  first  ]\Ionday  of  January.] 

Sec.  3.  The  members  of  the  assembly  shall  be 
chosen  biennally,  by  the  qualified  electors  of  their 
respective  districts,  on  the  first  Wednesday  in 
September,  unless  otherwise  ordered  by  the  legis- 
lature, and  ihcir  term  of  oiVicv  shall  l)e  two  years. 
[Amendment  ratified  September  3,  18G2.  The 
original  provided  for  annual  elections  on  the  first 
Tuesday  after  the  li.rst  Monday  in  Xovcmber.] 

Sec.  4.  Senators  and  members  of  assembly 
shall  be  duly  qualified  electors  in  the  respective 
counties  and  districts  which  they  represent. 


405  CONSTITUTION  OF  184'J.     Art.  IV,  §§  0-8 

Sec.  5.  Senators  shall  be  chosen  for  the  term 
of  four  years,  at  the  same  time  and  places  as 
members  of  the  assembly;  and  no  person  shall  be 
a  member  of  the  senate  or  assembly  who  has  not 
been  a  citizen  and  inhabitant  of  the  state  and  of 
the  county  or  district  for  which  he  shall  be  chosen 
one  year  next  before  his  election.  [Amendment 
ratified  September  3,  1862.  Original  made  term 
of  two  years,  and  residence  in  county  or  district 
of  six  months.] 

Sec.  6.  The  number  of  senators  shall  not  be 
less  than  one-third,  nor  more  than  one-half,  of 
that  of  the  members  of  the  assembly;  and  at  the 
first  session  of  the  legislature  after  this  section 
takes  effect,  the  senators  shall  be  divided  by  lot, 
as  equally  as  may  be,  into  two  classes.  The  seats 
of  the  senators  of  the  fir.-^t  class  shall  be  vacated 
at  the  expiration  of  the  second  year,  so  that  one- 
half  shall  be  chosen  biennally.  [Amendment 
ratified  September  3,  18G2.  Original  provided  for 
annual  election.] 

Sec.  7.  When  the  number  of  senators  is  in- 
creased, they  shall  ];e  apportioned  by  lot,  so  as  to 
keep  the  two  classes  as  nearly  equal  in  number  as 
possible. 

Sec.  8.  Eacli  house  shall  choose  its  own  of- 
ficers, and  judge  of  the  qualifications,  elections, 
and  returns  of  its  own  members. 


Art.  IV,  §§  9-14     CONSTITUTION  OF  1S49.  40G 

Sec.  9.  A  majority  of  each  house  shall  con- 
stitute a  quorum  to  do  business;  but  a  smaller 
number  may  adjourn  from  day  to  day,  and  may 
compel  the  attendance  of  absent  members,  in  such 
manner  and  under  such  penalties  as  each  house 
may  provide. 

Sec.  10.  Each  house  shall  determine  the  rules 
of  its  own  proceedings,  and  may,  with  the  concur- 
rence of  two-thirds  of  all  the  members  elected, 
expel  a  member. 

Sec.  11.  Each  house  shall  keep  a  journal  of 
its  own  proceedings,  and  publish  the  same;  and 
the  yeas  and  nays  of  the  members  of  either  house 
on  any  question  shall,  at  the  desire  of  any  three 
members  present,  be  entered  on  the  journal. 

Sec.  12.  Members  of  the  legislature  shall,  in 
all  cases  except  treason,  felony,  and  breach  of  \\\o 
peace,  be  privileged  from  arrest,  and  shall  not 
be  subject  to  any  civil  process  during  the  session 
of  the  legislature,  nor  for  fifteen  days  next  be- 
fore the  commencement  and  after  the  termination 
of  each  session. 

Sec.  13.  When  vacancies  occur  in  either  house, 
the  governor,  or  the  person  exercising  the  func- 
tions of  the  governor,  shall  issue  writs  of  elec- 
tion to  fill  such  vacancies. 

Sec.  14.  The  doors  of  each  house  slial]  he  oinrn, 
except  on  such  occasions  as,  in  the  opinion  of 
the  house,  may  require  secrecy. 


407  CONSTITUTION  OF  1849.     Art.  IV,  §§  15-18 

Sec.  15.  ISToither  lionse  shall,  willioiit  the  con- 
sent of  the  other,  adjourn  for  more  than  three 
days,  nor  to  any  other  place  than  that  in  which 
they  may  be  sitting. 

Sec.  16.  Any  bill  may  ori.s^inate  in  either 
liouse  of  the  legislature,  and  all  bills  passed  by 
one  house  may  be  amended  in  the  other. 

Sec.  17.  Every  bill  which  may  have  passed 
the  legislature  shall,  before  it  becomes  a  law,  be 
presented  to  the  governor.  If  he  approve  it,  he 
shall  sign  it,  but  if  not  he  shall  return  it,  with 
his  objections,  to  the  house  in  which  it  originated, 
which  shall  enter  the  same  upon  the  journal,  and 
proceed  to  reconsider  it.  If,  after  such  recon- 
sideration, it  again  pass  both  houses,  by  yeas  and 
nays,  by  a  majority  of  two-thirds  of  the  members 
of  each  house  present,  it  shall  become  a  law,  not- 
withstanding the  governor's  objections.  If  any 
bill  shall  not  be  returned  within  ten  days  after 
it  shall  have  been  presented  to  him  (Sundays  ex- 
cepted), the  same  shall  be  a  law,  in  like  manner 
as  if  he  had  signed  it,  unless  the  legislature,  by 
adjournment,  prevent  such  return. 

Sec.  18.  The  assembly  shall  have  the  sole 
power  of  impeachment,  and  all  impeachments 
shall  be  tried  by  the  senate.  Wlien  sitting  for 
that  purpose,  the  senators  shall  be  upon  oath  or 
affirmation;  and  no  person  shall  be  convicted 
without  the  concurrence  of  two-thirds  of  the 
members  present. 


Art.  IV,  §§  19-21     coNSTiiUTiON  of  1849.  408 

Sec.  19.  The  governor,  lieutenant-governor, 
secretary  of  state,  controller,  treasurer,  attorney 
general,  surveyor  general,  justices  of  the  supreme 
court,  and  judges  of  the  district  courts,  shall 
he  liable  to  impeachment  for  any  misdemeanor 
in  office;  hut  judgment  in  such  cases  shall  extend 
only  to  removal  from  o.fice  and  disqualification 
to  hold  any  office  of  honor,  trust,  or  profit  under 
the  state;  but  the  party  convicted  or  acquitted 
shall,  nevertheless,  be  liable  to  indictment,  trial, 
and  punishment  according  to  law.  All  other 
civil  officers  shall  be  tried  for  misdemeanors  in 
office  in  such  a  manner  as  the  legislature  may 
provide. 

Sec.  20.  No  senator  or  member  of  assembly 
shall,  during  the  term  for  which  he  shall  have 
been  elected,  be  appointed  to  any  civil  office  of 
profitunder  this  state  which  sliall  have  been  created 
or  the  emoluments  of  which  shall  have  been  in- 
creased during  such  term,  except  such  offices  as 
may  be  filled  by  election  by  the  people. 

Sec.  21.  No  person  holding  any  lucrative  office 
under  the  United  States,  or  any  other  power, 
shall  be  eligible  to  any  civil  oHice  of  profit  under 
this  state;  provided,  tliat  officers  in  the  militia  to 
which  there  is  attached  no  annual  salary,  or  local 
offiicers  and  postmasters,  whose  compensation  does 
not  exceed  five  hundred  dollars  per  annum,  shall 
not  be  deemed  lucrative. 


409  co^'STlTUTION  OF  1849.     Art.  IV,  §§  22-27 

Sec.  22.  No  person  who  shall  be  convicted  of 
the  embezzlement  or  defalcation  of  the  public 
funds  of  this  state  shall  ever  be  eligible  to  any 
office  of  honor,  trust,  or  profit  under  this  state ; 
and  the  legislature  shall,  as  soon  as  practicable, 
pass  a  law  providing  for  the  punishment  of  sucli 
embezzlement  or  defalcation  as  a  felony. 

Sec.  23.  No  money  shall  be  drawn  from  the 
treasury  but  in  consequence  of  appropriations 
made  by  law.  An  accurate  statement  of  the  re- 
ceipts and  expenditures  of  the  public  moneys 
shall  be  attached  to  and  published  with  the  laws 
at  every  regular  session  of  the  legislature. 

Sec.  24.  The  members  of  the  legislature  shall 
receive  for  their  services  a  compensation  to  be  fixed 
by  law,  and  paid  out  of  the  public  treasury;  but 
no  increase  of  the  compensation  shall  take  effect 
during  the  term  for  which  the  members  of  either 
house  shall  have  been  elected. 

Sec.  25.  Every  law  enacted  by  the  legislature 
shall  embrace  but  one  object,  and  that  shall  be 
expressed  in  the  title;  and  no  law  shall  be  revised 
or  amended  by  reference  to  its  title;  but  in  such 
case  the  act  revised  or  section  amended  shall  be 
re-enacted  and  published  at  length. 

Sec.  26.  No  divorce  "Shall  be  granted  by  the 
legislature. 

Sec.  27.     No   lottery    shall    be    authorized   by 

Constitution— 35 


Art.  IV,  §§  28,  29    constitution  of  1849.  410 

this  state,  nor  shall  the  sale  of  lottery  tickets  be 
allowed. 

Sec.  28.  The  enumeration  of  the  inhabitants 
of  this  state  shall  be  taken,  under  the  direction  of 
the  legislature,  in  the  year  one  thousand  eight 
hundred  and  tift3^-two  and  one  thousand  eight 
hundred  and  fifty-five,  and  at  the  end  of  every 
ten  years  thereafter;  and  these  enumerations,  to- 
gether with  the  census  that  may  be  taken  under 
the  direction  of  the  Congress  of  the  United  States, 
in  the  year  one  thousand  eight  hundred  and  fifty 
and  every  subsequent  ten  years,  shall  serve  as  the 
basis  of  representation  in  both  houses  of  the 
legislature. 

Sec.  29.  The  number  of  senators  and  members 
of  assembly  shall,  at  the  first  session  of  the  legis- 
lature holden  after  the  enumerations  herein  pro- 
vided for  are  made,  be  fixed  by  the  legislature, 
and  apportioned  among  the  several  counties  and 
districts  to  be  established  by  law,  according  to  the 
number  of  white  inhabitants.  The  number  of 
members  of  assembly  shall  not  be  less  than  twenty- 
four,  nor  more  than  thirty-six,  until  the  number 
of  inhabitants  within  this  state  sliall  amount  to 
one  hundred  thousand;  and,  after  that  period,  in 
such  ratio  that  the  whole  number  of  members  of 
assembly  shall  never  be  less  than  thirty  nor  more 
than  eighty. 


411  CONSTITUTION  OF  1849.     Art.  IV,  §§  30-33 

Sec.  30.  When  a  congressional,  senatorial,  or 
assembly  district  shall  be  composed  of  two  or 
more  counties,  it  shall  not  be  separated  by  any 
county  belonging  to  another  district.  No  county 
shall  be  divided  in  forming  a  congressional,  sena- 
torial, or  assembly  district  *  so  as  to  attach  one 
portion  of  a  county  to  another  county;  but  the 
legislature  may  divide  each  county  into  as  many 
congressional,  senatorial,  or  assembly  districts  as 
such  county  may  by  apportionment  be  entitled  to. 
[Words  following  the  *  were  added  by  amend- 
ment ratified  September  3,  1862.] 

Sec.  31.  Corporations  may  be  formed  under 
general  laws,  but  shall  not  be  created  by  special 
act,  except  for  municipal  purposes.  All  general 
laws  and  special  acts  passed  pursuant  to  this  sec- 
tion may  be  altered  from  time  to  time,  or  re- 
pealed. 

Sec.  32.  Dues  from  corporations  shall  he  se- 
cured by  such  individual  liability  of  the  corpora- 
tors and  other  means  as  may  be  prescribed  by 
law. 

Sec.  33.  The  term  corporations,  as  used  in  this 
article,  shall  be  construed  to  include  all  associa- 
tions and  joint-stock  companies  having  any  of 
the  powers  or  privileges  of  corporations  not  pos- 
sessed by  individuals  or  partnerships.  And  all 
corporations  shall  have  the  right  to  sue  and  shall 
be  subject  to  be  sued  in  all  courts,  in  like  cases 
as  natural  persons. 


Art.  IV,  §§  34-39     constitution  of  1840.  412 

Sec.  34.  The  legislature  shall  have  no  power 
to  pass  any  act  granting  any  charter  for  banking 
purposes,  but  associations  may  be  formed,  under 
general  laws,  for  the  deposit  of  gold  and  silver; 
but  no  such  associations  shall  make,  issue,  or  put 
in  circulation  any  bill,  check,  ticket,  certificate, 
promissory  note,  or  other  paper,  or  the  paper  of 
any  bank,  to  circulate  as  money. 

Sec.  35.  The  legislature  of  this  state  shall 
prohibit  by  law  any  person  or  persons,  association, 
company,  or  corporation  from  exercising  the  privi- 
leges of  banking  or  creating  paper  to  circulate  as 
money. 

Sec.  36.  Each  stockholder  of  a  corporation  or 
joint-stock  association  shall  be  individually  and 
personally  liable  for  his  proportion  of  all  its  debts 
and  liabilities. 

Sec.  37.  It  shall  be  the  duty  of  the  legisla- 
ture to  provide  for  the  organization  of  cities  and 
incorporated  villages,  and  to  restrict  their  power 
of  taxation,  assessment,  borrowing  mone}^,  con- 
tracting debts,  and  loaning  their  credit,  so  as  to 
prevent  abuses  in  assossinents  and  in  contracting 
debts  by  such  municipal  corporations. 

Sec.  38.  In  all  eh'clious  l)y  the  legislature  tlio 
members  thereof  shall  vote  viva  voce,  and  the 
votes  shall  l)o  enten'd  on  the  journal. 

Sec.  3i).  In  onlei'  that  no  iiuonvonionce  mav 
result  to  the  public  service  from  the  taking  effect 


413  CONSTITUTION  OF  1S49.       Art.  V,  §§1-4 

of  the  amendments  proposed  to  article  4  by  the 
legislature  of  eighteen  hundred  and  sixty-one, 
no  officer  shall  be  suspended  or  superseded  there- 
by until  the  election  and  qualification  of  the  sev- 
eral officers  provided  for  in  said  amendments. 
[New  section  ratified  September  3,  1863.] 

ARTICLE  V. 

EXECUTIVE    DEPARTMENT. 

Section  1.  The  supreme  executive  power  of 
this  state  shall  be  vested  in  a  chief  magistrate, 
who  shall  be  styled  the  Governor  of  the  State 
of  California. 

Sec.  2.  The  governor  shall  be  elected  by  the 
qualified  electors,  at  the  time  and  places  of  voting 
for  members  of  the  assembly,  and  shall  hold  his 
office  four  years  from  and  after  the  first  Mon- 
day in  December  subsequent  to  his  election, 
and  until  his  successor  is  elected  and  qualified. 
[Amendment  ratified  September  3,  1862.  Orig- 
inal provided  for  term  of  two  years.] 

Sec.  3.  No  person  shall  be  eligible  to  the  office 
of  governor  (except  at  the  first  election)  who  has 
not  been  a  citizen  of  the  United  States  and  a 
resident  of  this  state  two  years  next  preceding  the 
election,  and  attained  the  age  of  twenty-five  years 
at  the  time  of  said  election. 

Sec.  4.  The  returns  of  every  election  for  gov- 
ernor shall  be  sealed  up  and  transmitted  to  the 


Art.  Y,  §§  5-8      CONSTITUTION  OF  1S49.  414 

seat  of  government,  directed  to  the  speaker  of  the 
assembly,  who  shall,  during  the  first  week  of  the 
session,  open  and  publish  them  in  presence  of 
both  houses  of  the  legislature.  The  person  having 
the  highest  number  of  votes  shall  be  governor; 
but,  in  case  any  two  or  more  have  an  equal  and  the 
highest  number  of  votes,  the  legislature  shall,  by 
joint  vote  of  both  houses,  choose  one  of  said  per- 
sons so  having  an  equal  and  the  highest  number 
of  votes,  for  governor. 

Sec.  5.  The  governor  shall  be  commander  in 
chief  of  the  militia,  the  army,  and  navy  of  this 
state. 

Sec.  6.  He  shall  transact  all  executive  business 
with  the  officers  of  government,  civil  and  military, 
and  may  require  information  in  writing  from  the 
officers  of  the  executive  department,  upon  any  sub- 
ject relating  to  the  duties  of  4heir  respective  of- 
fices. 

Sec.  7.  He  shall  see  that  the  laws  arc  faith- 
fully executed. 

Sec.  8.  When  any  office  shall,  from  any  cause, 
l)ecome  vacant,  and  no  mode  is  provided  by  the 
constitution  and  law  for  filling  such  vacancy,  the 
governor  shall  have  ])()\V{.'r  to  11 11  such  vacancy  by 
granting  a  commission,  which  shall  expire  at  the 
end  of  the  next  session  of  the  legislature,  or  at 
the  next  election  by  the  people. 


415  CONSTITUTION  OF  1849.     Art.  V,  §§  0-13 

Sec.  9.  He  may,  on  extraordinary  occasions, 
convene  the  le<?islature  by  proclamation,  and  shall 
state  to  both  houses,  when  assembled,  the  purpose 
for  which  they  shall  have  been  convened. 

Sec.  10.  He  shall  communicate  by  message  to 
the  legislature,  at  every  session,  the  condition  of 
the  state,  and  recommend  such  matters  as  he  shall 
deem  expedient. 

Sec.  11.  In  case  of  a  disagreement  between 
the  two  houses  with  respect  to  the  time  of  ad- 
journment, the  governor  shall  have  power  to  ad- 
journ the  legislature  to  such  time  as  he  may 
think  proper;  provided,  it  be  not  beyond  the  time 
lixcd  for  the  meeting  of  the  next  legislature. 

Sec.  12.  ISTo  person  shall,  while  holding  any 
office  under  the  United  States,  or  this  state,  exer- 
cise the  office  of  governor,  except  as  hereinafter 
expressly  provided. 

Sec.  1 3.  The  governor  shall  have  the  power  to 
grant  reprieves  and  pardons  after  conviction,  for 
all  offenses,  except  treason  and  cases  of  im- 
peachment, upon  such  conditions  and  with  such 
restrictions  and  limitations  as  he  may  think  prop- 
er, subject  to  such  regulations  as  may  be  provided 
by  law  relative  to  the  manner  of  applying  for 
pardons.  Upon  conviction  for  treason,  he  shall 
have  the  power  to  suspend  the  execution  of  the 
sentence  until  the  case  shall  be  reported  to  the 
legislature  at  its  next  meeting,  when  the  legis- 


Art.  V,  §§  14-lG    CONSTITUTION  of  1S49.  41G 

lature  shall  either  pardon,  direct  the  execution  of 
the  sentence,  or  grant  a  further  reprieve.  He 
shall  communicate  to  the  legislature,  at  the  begin- 
ning of  every  session,  every  case  of  reprieve  or 
pardon  granted,  stating  the  name  of  tlie  con- 
vict, the  crime  of  which  he  was  convicted,  the 
sentence  and  its  date,  and  the  date  of  the  pardon 
or  reprieve. 

Sec.  14.  Tlicrc  shall  he  a  seal  of  tlii's  state, 
which  shall  be  kept  by  the  governor,  and  u.-ed 
by  him  officially  and  shall  be  called  "The  Ciroat 
Seal  of  the  State  of  California." 

Sec.  15.  All  grants  and  commissions  shall  be 
in  the  name  and  by  the  authority  of  the  people 
of  the  state  of  California,  sealed  with  the  great 
seal  of  the  state,  signed  by  tlie  governor,  and 
countersigned  by  the  secretary  of  state. 

Sec.  IG.  A  lieutenant-governor  shiill  be  elected 
at  the  same  time  and  places,  and  in  the  same  man- 
ner as  the  governor;  and  his  term  of  oflice,  and 
his  qualifications  of  eligibility,  shall  also  be  tlie 
same.  He  shall  be  president  of  tlie  senate,  but 
shall  only  have  a  casting  vote  therein.  If,  dur- 
ing a  vacancy  of  the  office  of  governor,  tlio  licuteu- 
ant-govemor  shall  be  impeached,  displaced,  resign, 
die,  or  become  incapable  of  performing  the  duties 
of  his  office,  or  be  absent  from  the  state,  the  presi- 
dent of  the  senate  shall  act  as  governor  until  the 
vacancy  bo  filled  or  the  disnl)ility  shall  cease. 


417  CONSTITUTION  OF  1849.     Art.  V,  §§  17-19 

Sec.  17.  In  case  of  the  impeachment  of  the 
governor,  or  his  removal  from  office,  death,  inaljil- 
ity  to  discharge  the  powers  and  duties  of  the  said 
office,  resignation,  or  absence  from  the  state,  the 
powers  and  duties  of  the  office  shall  devolve  upon 
the  lieutenant-governor  for  the  residue  of  the 
term,  or  until  the  disability  shall  cease.  But 
when  the  governor  shall,  with  the  consent  of  the 
legislature,  be  out  of  the  state  in  time  of  war, 
at  the  head  of  any  military  force  thereof,  he  shall 
continue  commander  in  chief  of  all  the  military 
force  of  the  state. 

Sec.  18.  A  secretary  of  state,  a  controller,  a 
treasurer,  an  attorney  general,  and  a  surveyor 
general  shall  be  elected  at  the  same  time  and 
places,  and  in  the  same  manner  as  the  governor 
and  lieutenant-governor,  and  whose  term  of  office 
shall  be  the  same  as  the  governor.  [Amendment 
ratified  September  3,  18G2.] 

[OKIGINAL  SECTION.] 
Sec.  18.  A  secretary  of  state,  a  controller,  a  treas- 
urer, an  attorney  general  and  surveyor  general  shall 
be  chosen  in  the  manner  provided  in  this  constitu- 
tion; and  the  term  of  office  and  eligibility  of  each, 
shall  be  the  same  as  are  prescribed  for  the  governor 
and  lieutenant-governor. 

Sec.  19.  The  secretary  of  state  shall  keep  a 
fair  record  of  the  official  acts  of  the  legislative 
and  executive  departments  of  the  government,  and 
shall,  when  required,  lay  the  same,  and  all  mat- 


Art.  y,  §§  20,  21     CONSTITUTION  OF  1S49.  418 

iers  relative  thereto,  before  cither  Ijraneh  of  the 
legislature,  and  shall  perform  such  other  duties 
as  may  be  assigned  him  by  law;  and  in  order 
that  no  inconvenience  may  result  to  the  public 
service  from  the  taking  effect  of  the  amendments 
proposed  to  said  article  5  by  the  legislature  of 
eighteen  hundred  and  sixty-one,  no  officer  shall 
be  superseded  or  suspended  thereby,  until  the 
election  and  qualification  of  the  several  officers 
'provided  for  in  said  amendments.  [Amendment 
ratified  September  3,  1862.  Original  provided 
for  appointment  of  secretary  of  state  by  the 
governor.] 

Sec.  20.  The  controller,  treasurer,  attorney 
general,  and  surveyor  general,  shall  be  chosen  by 
joint  vote  of  the  two  houses  of  the  legislature  at 
their  first  session  under  this  constitution,  and 
thereafter  shall  be  elected  at  the  same  time  and 
places,  and  in  the  same  manner,  as  the  governor 
and  lieutenant-governor. 

Sec.  21.  The  governor,  lieutenant-governor, 
secretary  of  state,  controller,  treasurer,  attorney 
general,  and  surveyor  general,  shall  eacli,  at  stated 
times  during  their  continuance  in  office,  receive 
for  their  services  a  compensation,  which  shall  not 
be  increased  or  diniinislied  during  the  term  for 
which  they  shall  have  ])een  elected;  but  neither 
of  these  officers  shall  receive  for  his  own  use  any 
fees  for  the  performance  of  his  official  duties. 


419  coNSTiTUTiox  OF  1849.     Art.  VI,  §§  1-1 

AKTICLE   VI. 

[Before  it  was  revised  by  amendments  ratified 
September  3,  1862.     For  ravision,  see  page  433.] 

JUDICIAL   DEPARTMENT. 

Section  1.  The  judicial  power  of  this  state 
shall  be  vested  in  a  supreme  court,  in  district 
courts,  in  county  courts  and  in  justices  of  the 
peace.  The  legislature  may  also  establish  such 
municipal  and  other  inferior  courts  as  may  be 
deemed  necessary. 

Sec.  3.  The  supreme  court  shall  consist  of  a 
chief  justice  and  two  associate  justices,  any  two 
of  whom  shall  constitute  a  quorum.. 

Sec.  3.  The  justices  of  the  supreme  court  shall 
be  elected  at  the  general  election,  by  the  qualified 
electors  of  the  state,  and  shall  hold  their  office  for 
the  term  of  six  years  from  the  first  day  of  January 
next  after  their  election;  provided,  that  the  legis- 
lature shall,  at  its  first  meeting,  elect  a  chief  jus- 
tice and  two  assoeiate  justices  of  the  supreme 
court,  by  joint  vote  of  both  houses,  ai:d  so  classify 
them  that  one  shall  go  out  of  office  every  two  years. 
After  the  first  election,  the  senior  justice  in  com- 
mission shall  be  the  chief  justice. 

Sec.  4.  The  supreme  court  shall  have  appellate 
jurisdiction  in  all  cases  when  the  matter  in  dis- 
pute exceeds  two  hundred  dollars,  when  the  le- 
gality of  any  tax,  toll,  or  impost,  or  municipal 


Art.  YI,  §§  5,  G    CONSTITUTION  OF  1849.  420 

fine  is  in  question,  and  in  all  criminal  cases 
amounting  to  felony,  on  questions  of  law  alone. 
And  the  said  court,  and  each  of  the  justices  there- 
of, as  well  as  all  district  and  county  judges,  shall- 
have  power  to  issue  writs  of  habeas  corpus  at  the 
instance  of  any  person  held  in  actual  custody. 
They  shall  also  have  power  to  issue  all  other  writs 
and  process  necessary  to  the  exercise  of  their  ap- 
pellate jurisdiction  and  shall  be  conservators  of 
the  peace  throughout  the  state. 

Sec.  5.  The  state  shall  be  divided  by  the  first 
legislature  into  a  convenient  number  of  districts, 
subject  to  such  alteration  from  time  to  time  as 
the  public  good  may  require,  for  each  of  which  a 
district  judge  shall  be  appointed  by  the  joint  vote 
of  the  legislature,  at  its  first  meeting,  who  shall 
hold  his  office  for  two  years  from  the  first  day  of 
January  next  after  his  election ;  after  which,  said 
judges  shall  be  elected  by  the  qualified  electors 
of  their  respective  districts,  at  the  general  elec- 
tion, and  shall  hold  their  office  for  the  term  of  six 
A'oars. 

Sec.  6.  The  district  courts  shall  have  original 
jurisdiction,  in  law  and  equity,  in  all  civil  cases 
where  the  amount  in  dispute  exceeds  two  hundred 
dollars,  exclusive  of  interest.  In  all  criminal 
cases  not  otherwise  provided  for,  and  in  all  issues 
of  fact  joined  in  the  probate  courts,  their  juris- 
diction shall  be  unlimited. 


421  CONSTITUTION  OF  184i).     Art.  VI,  §§  7-11 

Sec.  7.  The  legislature  shall  provide  for  the 
election,  by  the  people,  of  a  clerk  of  the  supreme 
court,  and  county  clerks,  district  attorneys,  sher- 
iffs, coroners  and  other  necessary  officers;  and 
shall  fix  by  law  their  duties  and  compensation. 
County  clerks  shall  be  ex  officio  clerks  of  the  dis- 
trict courts  in  and  for  their  respective  counties. 

Sec.  8.  There  shall  be  elected  in  each  of  the 
organized  counties  of  this  state  one  county  judge, 
who  shall  hold  his  office  for  four  years.  He  shall 
hold  the  county  court  and  perform  the  duties  of 
surrogate  or  probate  judge.  The  county  judge, 
with  two  justices  of  the  peace,  to  be  designated  ac- 
cording to  law,  shall  hold  courts  of  sessions,  witii 
such  criminal  jurisdiction  as  the  legislature  shall 
prescribe,  and  he  shall  perform  sucli  other  duties 
as  shall  be  required  by  law. 

See.  9.  The  county  courts  shall  have  such 
jurisdiction,  in  cases  arising  in  justices'  courts, 
and  in  special  cases,  as  the  legislature  may  pre- 
scribe, but  shall  have  no  original  civil  jurisdiction, 
except  in  such  special  cases. 

Sec.  10.  The  times  and  places  of  holding  the 
terms  of  the  supreme  court,  and  the  general  and 
special  terms  of  the  district  courts  within  the 
several  districts,  shall  be  provided  for  by  law. 

Sec.  11.  No  judicial  officer,  except  a  justice 
of  the  peace,  shall  receive  to  his  own  use,  any 
fees  or  perquisites  of  office. 

Constitution— 36 


Art.  VI,  §j  12-lG     CONSTITUTION  of  1849.  422 

Sec.  12.  The  legislature  shall  provide  for  the 
speedy  pubUcation  of  all  statute  laws,  and  of  such 
Judicial  decisions  as  it  may  deem  expedient;  and 
all  laws  and  judicial  decisions  shall  be  free  for 
publication  by  any  person. 

Sec.  13.  Tribunals  for  conciliation  may  be  es- 
tablished with  such  powers  and  duties  as  may  be 
prescribed  by  law;  but  such  tribunals  shall  have 
no  power  to  render  judgment  to  be  obligatory  on 
the  parties,  except  they' voluntarily  submit  their 
matters  in  difference,  and  agree  to  abide  the  judg- 
ment, or  assent  thereto  in  the  presence  of  such 
tribunal,  in  such  cases  as  shall  be  prescribed  by 
law. 

Sec.  14.  The  legislature  shall  determine  the 
number  of  justices  of  the  peace  to  be  elected  in 
each  county,  city,  town,  and  incorporated  village 
of  the  state,  and  fix  by  law  their  powers,  duties 
and  responsibilities.  It  shall  also  determine  in 
what  cases  appeals  may  be  made  from  justices' 
courts  to  the  coimty  court. 

Sec.  15.  The  justices  of  the  supreme  court  and 
judges  of  the  district  courts  shall  severally,  at 
stated  times  during  their  continuance  in  oflfice,  re- 
ceive for  their  services  a  compensation  to  be  paid 
out  of  the  treasury. 

Sec.'lG.  The  justices  of  the  supreme  court  and 
district  judges  shall  be  ineligible  to  any  other  of- 


423  CONSTITUTION  OF  1819.     Art.  VI,  §§  1-3 

fice  clnring  the  term  for  which  they  shall  have 
been  elected. 

Sec.  17.  Judges  shall  not  charge  juries  with 
respect  to  matters  of  fact,  but  may  state  the  tes- 
timony and  declare  the  law. 

AETICLE  VI. 

[As  revised  by  Amendments  ratified  September 
3,  1862.] 

JUDICIAL  DEPARTMENT. 

Section  1.  The  judicial  power  of  this  state 
shall  be  vested  in  a  supreme  court,  in  district 
courts,  in  county  courts,  in  probate  courts,  and  in 
justices  of  the  peace,  and  in  such  recorders'  and 
other  inferior  courts  as  the  legislature  may  es- 
tablish in  any  incorporated  city  or  town.      [1862.] 

Sec.  2.  The  supreme  court  shall  consist  of  a 
chief  justice  and  four  associate  justices.  The 
presence  of  three  justices  shall  be  necessary  for 
the  transaction  of  business,  excepting  such  busi- 
ness as  may  be  done  at  chambers,  and  the  concur- 
rence of  three  justices  shall  be  necessary  to  pro- 
nounce a  judgment.      [1862.] 

Sec.  3.  The  justices  of  the  supreme  court  shall 
be  elected  by  the  qualified  electors  of  the  state  at 
special  elections  to  be  provided  by  law,  at  which 
elections  no  officer  other  than  judicial  shall  be 
elected,  except  a  superintendent  of  public  instruc- 


Art.  VI,  §  4         CONSTITUTION  OF  1849.  424 

tion.  The  first  election  for  justices  of  the  su- 
preme court  shall  be  held  in  the  year  eighteen 
hundred  and  sixty-three.  The  justices  shall  hold 
their  offices  for  the  term  of  ten  years  from  the 
first  day  of  January  next  after  their  election,  ex- 
cept those  elected  at  the  first  election,  who,  at 
their  first  meeting,  shall  so  classify  themselves 
by  lot  that  one  justice  shall  go  out  of  office  every 
two  years.  The  justice  having  the  shortest  term 
to  serve  shall  be  the  chief  justice.     [1862.] 

Sec.  4.  The  supreme  court  shall  have  appel- 
late jurisdiction  in  all  cases  in  equity;  also  in  all 
cases  at  law  which  involve  the  title  or  possession 
of  real  estate,  or  the  legality  of  any  tax,  impost, 
assessment,  toll,  or  miniicipal  fine,  or  in  which 
tlie  demand,  exclusive  of  interest  or  the  value  of 
the  property  in  controversy,  amounts  to  three  hun- 
dred dollars ;  also  in  all  cases  arising  in  the  pro- 
bate courts;  and  also  in  all  criminal  cases  amount- 
ing to  felony,  on  questions  of  law  alone.  The 
court  shall  also  liave  power  to  issue  writs  of  man- 
daiinis,  certiorari,  proliibition,  and  haljcas  corpus, 
and  also  all  writs  necessary  or  jM-opor  to  the  com- 
])lete  exercise  of  its  appellate  jurisdiction.  Each 
of  the  justices  shall  have  power  to  issue  writs  of 
habeas  corpus  to  any  part  of  the  state,  upon  peti- 
tion on  behalf  of  any  person  held  in  actual  cus- 
tody, and  may  make  such  writs  returnable  before 
himself,  or  the  supreme  court,  or  before  any  dis- 


425  CONSTITUTION  OF  1849.     Art.  "VI,  §§  5,  6 

trict  court,  or  any  county  court  in  the  state,  or 
before  any  judge  of  said  courts.      [1862.] 

Sec.  5.  The  state  shall  be  divided,  by  the  legis- 
lature of  eighteen  hundred  and  sixty-three,  into 
fourteen  judicial  districts,  subject  to  such  alter- 
ation, from  time  to  time,  by  a  two-thirds  vote  of 
all  the  members  elected  to  both  houses,  as  the 
public  good  may  require,  in  each  of  which  there 
shall  be  a  district  court,  and  for  each  of  which 
a  district  judge  shall  be  elected  by  the  qualified 
electors  of  the  district  at  the  special  judicial  elec- 
tions to  be  held  as  provided  for  the  election  of 
justices  of  the  supreme  court,  by  section  three  of 
this  article.  The  district  judges  shall  hold  tiieir 
offices  for  the  term  of  six  years  from  the  first  day 
of  January  next  after  their  election.  The  legis- 
lature shall  have  no  power  to  gi-ant  leave  of  ab- 
sence to  a  judicial  officer;  and  any  such  officer 
who  shall  absent  himself  from  the  state  for  up- 
ward of  thirty  consecutive  days  shall  be  deemed 
to  have  forfeited  his  office.      [18G2.] 

Sec.  6.  The  district  courts  shall  have  original 
jurisdiction  in  all  cases  in  equity;  also,  in  all 
cases  at  law  which  involve  the  title  or  possession 
of  real  property,  or  the  legality  of  any  tax,  im- 
post, assessment,  toll,  or  municipal  fine,  and  in 
all  other  cases  in  which  the  demand,  exclusive  of 
interest  or  the  value  of  the  property  in  contro- 
versy, amounts  to  three  hundred  dollars ;  and  also 
in  all  criminal  cases  not  otherwise  provided  for. 


Art.  VI,  §§  7,  8    CONSTITUTION  of  1S19.  426 

The  district  courts  and  their  judges  shall  have 
power  to  issue  writs  of  habeas  corpus,  on  petition 
by  or  on  behalf  of  any  person  held  in  actual  cus- 
tody, in  their  respective  districts.     [1862.] 

Sec.  7.  There  shall  be  in  each  of  the  organized 
counties  of  the  state  a  county  court,  for  each  of 
which  a  county  judge  shall  be  elected  by  the 
qualified  electors  of  the  county,  at  the  special 
judicial  election  to  be  held  as  provided  for  the 
election  of  justices  of  the  supreme  court  by  sec- 
tion three  of  this  article.  The  county  judges 
shall  hold  their  offices  for  the  term  of  four  years 
from  the  first  day  of  January  next  after  their 
election.  Said  courts  shall  also  have  power  to 
issue  naturalization  papers.  In  the  city  and 
county  of  San  Francisco  the  legislature  may  sep- 
arate the  office  of  probate  judge  from  that  of 
county  judge,  and  may  provide  for  the  election 
of  a  probate  judge,  who  shall  hold  his  office  for 
the  term  of  four  years.      [1862.] 

Sec.  8.  Tlie  county  court  shall  have  original 
jurisdiction  of  actions  of  forcible  entry  and  de- 
tainer, of  proceedings  in  insolvency,  of  actions 
to  prevent  or  abate  a  nuisance,  and  of  all  such 
special  cases  and  proceedings  as  are  not  other- 
wise provided  for;  and  also  such  criminal  juris- 
diction as  the  legislature  may  prescribe;  they 
shall  also  have  appclhite  jurisdiction  in  all  cases 
arising  in  courts  held  by  justices  of  the  peace  and 


427  CONSTITUTION  OF  1S49.     Art.  VI,  §§  9-11 

rocorders,  and  in  such  inferior  courts  as  may  be 
established  in  pursuance  of  section  one  of  this  ar- 
ticle, in  their  respective  counties.  The  county 
judges  shall  also  hold,  in  their  several  counties, 
probate  court,  and  perform  such  duties  as  probate 
judg-os  as  may  be  prescribed  by  law.  The  county 
courts  and  their  judges  shall  also  have  power  to 
issue  writs  of  habeas  corpus,  on  petition  by  or 
on  behalf  of  any  person  in  actual  custody  in  their 
respective  counties.     [1863.] 

Sec.  9.  The  legislature  shall  determine  the 
number  of  justices  of  the  peace  to  be  elected  in 
each  city  and  township  of  the  state,  and  fix  by  law 
their  powers,  duties,  and  responsibilities;  pro- 
vided, such  powers  shall  not  in  any  case  trench 
upon  the  jurisdiction  of  the  several  courts  of 
record.  The  supreme  court,  the  district  courts, 
county  courts,  the  probate  courts,  and  such  other 
courts  as  the  legislature  shall  prescribe,  shall  be 
courts  of  record.     [1862.] 

Sec.  10.  The  legislature  shall  fix  by  law  the 
jurisdiction  of  any  recorder's  or  other  inferior 
municipal  court  which  may  be  established  in  pur- 
suance of  section  one  of  this  article,  and  shall 
fix  by  law  the  powers,  duties,  and  responsibilities 
of  the  judges  thereof.     [1862.] 

Sec.  11.  The  legislature  shall  provide  for  the 
election  of  a  clerk  of  the  supreme  court,  county 
clerks,  district  attorneys,  sheriffs,  and  other  nee- 


Art.  VI,  §§  12-15    CONSTITUTION  OF  1849.  428 

essary  officers,  and  shall  fix  by  law  their  duties 
and  compensation.  County  clerks  shall  be  ex 
oir.cio  clerks  of  the  courts  of  record  in  and  for 
their  respective  counties.  The  legislature  may 
also  provide  for  the  appointment  by  the  several 
district  courts  of  one  or  more  commissioners  in 
the  several  counties  of  their  respective  districts, 
with  authority  to  perform  chamber  business  of 
the  judges  of  the  district  courts  and  county  courts, 
and  also  to  take  depositions,  and  to  perform  such 
other  business  connected  with  the  administration 
of  justice  as  may  be  prescribed  by  law.     [18G2.] 

Sec.  12.  The  times  and  places  of  holding  the 
terms  of  the  several  courts  of  record  shall  be  pro- 
vided for  by  law.     [1862.] 

Sec.  13.  No  judicial  officer,  except  justices  of 
the  peace,  recorders,  and  commissioners  shall  re- 
ceive to  his  own  use  any  fees  or  perquisites  of  of- 
fice.     [18G2.] 

Sec.  14.  The  legislahiro  sliall  provide  for  the 
speedy  publication  of  siu-h  o])inioiis  of  the  su- 
preme court  as  it  may  deem  expedient;  and  all 
opinions  shall  be  free  for  publication  by  any 
person.      [1862.] 

Sec.  15.  Tlie  justices  of  ilie  supreme  court, 
district  judges,  and  county  judges,  shall  severally, 
at  stated  times  during  tlieir  continuance  in  office, 
receive  for  their  services  a  coiujiensalion,  Avhich 
shall  not  be  increased  or  dimitiislied,  during  the 


429  CONSTITUTION  OF  1S49.        Art.  VII,  §  1 

term  for  whieli  they  shall  have  been  elected;  pro- 
vided, that  county  judges  shall  be  paid  out  of 
the  county  treasury  of  their  respective  counties, 
[18G2.] 

Sec.  16.  The  justices  of  the  supreme  court, 
and  the  district  judges,  and  the  county  judges, 
shall  be  ineligible  to  any  other  office  than  a  ju- 
dicial office  during  the  term  for  which  they  shall' 
have  been  elected.     [1862.] 

Sec.  17.  Judges  shall  not  charge  juries  with 
respect  to  matters  of  fact,  but  may  state  the  tes- 
timony and  declare  the  law.     [1862.] 

Sec.  18.  The  style  of  all  process  shall  be: 
"The  People  of  the  State  of  California,"  and  all 
prosecutions  shall  be  conducted  in  their  name  and 
by  their  authority.     [1862.] 

Sec.  19.  In  order  that  no  inconvenience  may 
result  to  the  public  service  from  the  taking  effect 
of  the  amendments  proposed  to  said  article  6,  by 
the  legislature  of  eighteen  hundred  and  sixty-one, 
no  officer  shall  be  superseded  thereby,  nor  shall 
the  organization  of  the  several  courts  be  changed 
thereby,  until  the  election  and  qualification  of  the 
several  officers  provided  for  in  said  amendment. 
[1862.] 

ARTICLE  VII. 

MILITIA. 

Section  1.  The  legislature  shall  provide  by 
law  for  organizing  and  disciplining  the  militia. 


Art.  VIII,  §  1       CONSTITUTION  OF  1849.  430 

in  such  manner  as  they  shall  deem  expedient,  not 
incompatible  with  the  constitution  and  laws  of 
the  United  States. 

Sec.  2.  Officers  of  the  militia  shall  be  elected 
or  appointed  in  such  manner  as  the  legislature 
shall  from  time  to  time  direct,  and  shall  be  com- 
missioned by  the  governor. 

Sec.  3.  The  governor  shall  have  power  to  call 
forth  the  militia  to  execute  the  laws  of  the  state, 
to  suppress  insurrections,  and  repel  invasions. 

AETICLE  VIII. 

STATE    DEBTS. 

Section  1.  The  legislature  shall  not  in  any 
manner  create  any  debt  or  debts,  liability  or  lia- 
bilities, which  shall,  singly  or  in  the  aggregate, 
with  any  previous  debts  or  liabilities,  exceed  the 
sum  of  three  hundred  thousand  dollars,  except  in 
case  of  war,  to  repel  invasion,  or  suppress  insur- 
rection, unless  the  same  shall  be  authorized  by 
some  law  for  some  single  object  or  worlc,  to  be 
distinctly  specified  therein,  which  law  shall' pro- 
vide ways  and  means,  exclusive  of  loans,  for  the 
payment  of  the  interest  of  such  debt  or  liability 
as  it  falls  due,  and  also  to  pay  and  discharge  the 
principal  of  such  debt  or  liability  within  twenty 
years  from  the  time  of  the  contracting  thereof, 
and  shall  be  irrepealable  until  the  principal  and 
interest  thereon  siiall  be  paid  and  discharged  ;  but 


431  CONSTITUTION  OF  1849.     Art.  IX,  §§  1,  2 

no  such  law  shall  take  effect  until,  at  a  general 
election,  it  shall  have  been  submitted  to  the  peo- 
ple and  have  received  a  majority  of  all  the  votes 
cast  for  and  against  it  at  such  election;  and  all 
money  raised  by  authority  of  such  law  sliall  be 
applied  only  to  the  specific  object  therein  stated, 
or  to  the  payment  of  the  debt  thereby  created; 
and  such  law  shall  be  publisliod  in  at  least  one 
newspaper  in  each  judicial  district,  if  one  be  pub- 
lished therein,  throughout  the  state,  for  three 
months  next  preceding  the  election  at  which  it  is 
submitted  to  the  people. 

ARTICLE   IX. 

EDUCATION. 

Section  1.  A  superintendent  of  public  instruc- 
tion shall,  at  the  special  election  for  judicial  offi- 
cers to  be  held  in  the  year  eighteen  hundred  and 
sixty-three,  and  every  four  years  thereafter,  at 
such  special  elections,  be  elected  by  the  qualified 
voters  of  the  state,  and  shall  enter  upon  the  du- 
ties of  his  office  on  the  first  day  of  December  next 
after  his  election.  [Amendment  ratified  Septem- 
ber 3,  1862.  Original  provided  for  term  of  three 
years  and  election  at  the  general  election.] 

Sec.  2.  The  legislature  shall  encourage,  by  all 
suitable  means,  the  promotion  of  intellectual,  sci- 
entific, moral,  and  agricultural  improvement.  The 
proceeds  of  all  lands  that  may  be  granted  by  the 


Art.  IX,  §§  3,  4    CONSTITUTION  OF  1S49.  432 

United  States  to  this  state  for  the  support  of 
schools,  which  may  be  sold  or  disposed  of,  and  the 
five  hundred  thousand  acres  of  land  granted  to 
the  new  states,  under  an  act  of  Congress  distrib- 
uting the  proceeds  of  the  public  lands  among  the 
several  states  of  the  Union,  approved  A,  D.  one 
thousand  eight  hundred  and  forty-one,  and  all 
estates  of  deceased  persons  who  may  have  died 
without  leaving  a  will  or  heir,  and  also  such  per 
cent  as  may  be  granted  by  Congress  on  the  sale 
of  lands  in  this  state,  shall  be  and  remain  a  per- 
petual fund,  the  interest  of  which,  together  with 
all  the  rents  of  the  unsold  lands,  and  such  other 
means  as  the  legislature  may  provide,  shall  be  in- 
violably appropriated  to  the  support  of  common 
schools  throughout  the  state. 

Sec.  3.  The  legislature  shall  provide  for  a 
system  of  common  schools,  by  which  a  school  shall 
be  kept  up  and  supported  in  each  district  at  least 
three  months  in  every  year;  and  any  school  dis- 
trict neglecting  to  keep  up  and  support  such  gi 
school  may  be  deprived  of  its  proportion  of  the 
interest  of  the  public  fund  during  such  neglect. 

Sec.  4.  The  legislature  shall  take  measures 
for  the  protection,  imjirovement,  or  other  disjiosi- 
tion  of  such  lands  as  have  been  or  may  hereafter 
be  reserved  or  granted  by  the  United  States,  or 
any  person  or  persons,  to  this  state,  for  the  use 
of  a  university;  and  the  funds  accruing  from  the 
rents  or  sale  of  such  lands,  or  from  any  other 


433  CONSTITUTION  OF  1849.  Art.  X,  §  I 

source,  for  the  purpose  aforesaid,  shall  be  and 
remain  a  permanent  fund,  the  interest  of  which 
shall  be  applied  to  the  support  of  said  university, 
with  such  branches  as  the  public  convenience  may 
demand,  for  the  promotion  of  literature,  the  arts 
and  sciences,  as  may  be  authorized  by  the  terms 
of  such  grant.  And  it  shall  be  the  duty  of  the 
legislature,  as  soon  as  may  be,  to  provide  effectual 
means  for  the  improvement  and  permanent  secu- 
rity of  the  funds  of  said  university. 

ARTICLE  X. 

MODE  OF  AMENDING  AND  REVISING  THE  CON- 
STITUTION. 

Section  1.  Any  amendment  or  amendments 
to  this  constitution  may  be  proposed  in  the  senate 
or  assembly;  and  if  the  same  shall  be  agreed  to 
by  a  majority  of  the  members  elected  to  each  of 
the  two  houses,  such  proposed  amendment  or 
amendments  shall  be  entered  on  their  journals, 
with  the  yeas  and  nays  taken  thereon,  and  re- 
ferred to  the  legislature  then  next  to  be  chosen, 
and  shall  be  published  for  three  months  next  pre- 
ceding the  time  of  making  such  choice.  And  if, 
in  the  legislature  next  chosen  as  aforesaid,  such 
proposed  amendment  or  amendments  shall  be 
agreed  to  by  a  majority  of  all  the  members  elected 
to  each  house,  then  it  shall  be  the  duty  of  the  legis- 
lature to  submit  such  proposed  amendment  or 
amendments  to  the   people,  in  such   manner  and 

Constitution— 37 


Art,  X,  §  2  CONSTITUTION  OF  1849.  434 

at  such  time  as  tlie  legislature  shall  prescribe; 
and  if  the  people  shall  approve  and  ratify  such 
amendment  or  amendments,  by  a  majority  of  the 
electors  qualified  to  vote  for  members  of  the  legis- 
lature voting  thereon,  such  amendment  or  amend- 
ments shall  become  part  of  the  constitution. 

Sec.  2.  And  if  at  any  time  two-thirds  of  the 
senate  and  assembly  shall  think  it  necessary  to 
revise  and  change  this  entire  constitution,  they 
shall  recommend  to  the  electors  at  the  next  elec- 
tion for  members  of  the  legislature  to  vote  for 
or  against  a  convention;  and  if  it  shall  appear 
that  a  majority  of  the  electors  voting  at  such 
election  have  voted  in  favor  of  calling  a  conven- 
tion, the  legislature  shall,  at  its  next  session,  pro- 
vide by  law  for  calling  a  convention,  to  be  holden 
within  six  months  after  the  passage  of  such  law ; 
and  such  convention  shall  consist  of  a  number  of 
members  not  less  than  that  of  both  branches  of 
the  legislature.*  The  constitution  that  may  have 
been  agreed  upon  and  adopted  by  such  convention 
shall  be  submitted  to  the  people,  at  a  special  elec- 
tion to  be  provided  for  by  law,  for  their  ratifica- 
tion or  rejection.  Each  voter  shall  express  his 
opinion  by  depositing  in  the  ballot  box  a  ticket, 
whereon  shall  be  written  or  printed  the  words 
"For  the  new  constitution,"'  or  "Against  the  new 
constitution."  The  returns  of  such  election  shall, 
in  such  manner  as  the  convention  sliall  direct,  be 
certified  to  the  executive  of  the  state,  who  shall 


435  CONSTITUTION  OF  1849.  Art.  XI,  §§  1,  2 

call  to  his  assistance  the  controller,  treasurer,  and 
secretary  of  state,  and  compare  the  votes  so  cer- 
tified to  him.  If,  hy  such  examination,  it  be  as- 
certained that  a  majority  of  the  whole  numl)er  of 
votes  cast  at  such  election  be  in  favor  of  such 
new  constitution,  the  executive  of  this  state  shall, 
by  his  proclamation,  declare  such  new  constitu- 
tion to  be  the  constitution  of  the  state  of  Califor- 
nia. [Words  after  the  *  were  added  by  amend- 
ment ratified  November  4,  1856.] 

ARTICLE  XI. 
MISCELLANEOUS  PROVISIONS. 

Section  1,  The  first  session  of  the  legislature 
shall  be  held  at  the  Pueblo  de  San  Jose,  which 
place  shall  be  the  permanent  seat  of  government 
until  removed  by  law;  provided,  however,  that 
two-thirds  of  all  the  members  elected  to  each 
house  of  the  legislature  shall  concur  in  the  pas- 
sage of  such  law. 

Sec.  2.  Any  citizen  of  this  state  who  shall, 
after  the  adoption  of  this  constitution,  fight  a 
duel  with  deadly  weapons,  or  send  or  accept  a 
challenge  to  fight  a  duel  with  deadly  weapons, 
either  within  this  state  or  out  of  it,  or  who  shall 
act  as  second  or  knowingly  aid  or  assist  in  any 
manner  those  thus  offending,  shall  not  be  allowed 
to  hold  any  office  of  profit  or  to  enjoy  the  right 
of  suffrage  under  this  constitution. 


Art.  XI,  §§  3-6   CONSTITUTION  OF  1849.  436 

Sec.  3.  Members  of  the  legislature  and  all 
officers,  executive  and  judicial,  except  such  in- 
ferior officers  as  maj'  be  by  law  exempted,  shall, 
before  they  enter  on  the  duties  of  their  respective 
offices,  take  and  subscribe  the  following  oath  or 
affirmation : 

"I  do  solemnly  swear  (or  affirm,  as  the  case 
may  be)  that  I  will  support  the  constitution  of 
the  United  States  and  the  constitution  of  the 
state  of  California,  and  that  I  will  faithfully  dis- 
charge the  duties  of  the  office  of  ,  accord- 
ing to  the  best  of  my  ability." 

And  no  other  oath,  declaration,  or  test  shall 
be  required  as  a  qualification  for  any  office  or 
public  trust. 

Sec.  4.  The  legislature  shall  establish  a  sys- 
tem of  county  and  town  governments,  which  shall 
be  as  nearly  uniform  as  practicable  throughout 
the  state. 

Sec.  5.  The  legislature  shall  have  power  to 
provide  for  the  election  of  a  board  of  supervisors 
in  each  county,  and  these  supervisors  shall  jointly 
and  individually  perform  such  duties  as  may  be 
prescribed  by  law. . 

Sec.  6.  All  officers  whose  election  or  appoint- 
ment is  not  provided  for  by  this  constitution,  and 
all  officers  whose  offices  may  hereafter  be  created 
by  law,  shall  be  elected  by  the  people,  or  appoint- 
ed, as  the  legislature  may  direct. 


437  CONSTITUTION  OF  1849.     Art.  XI,  §§  7-13 

Soc.  7.  When  the  duration  of  any  office  is  not 
provided  for  by  this  constitution,  it  may  be  de- 
chired  by  hiw;  and  if  not  so  declared,  such  office 
shall  be  held  during  the  pleasure  of  the  authority 
making  the  appointment ;  nor  shall  the  duration 
of  any  office  not  fixed  by  this  constitution  ever 
exceed  four  years. 

Sec.  8.  The  fiscal  year  shall  commence  on  the 
first  day  of  July. 

Sec.  9.  Each  county,  town,  city,  and  incorpo- 
rated village  shall  make  provision  for  the  support 
of  its  own  officers,  subject  to  such  restrictions  and 
regulations  as  the  legislature  may  prescribe. 

Sec.  10.  The  credit  of  the  state  shall  not  in  any 
manner  be  given  or  loaned  to  or  in  aid  of  any 
individual,  association,  or  corporation;  nor  shall 
the  state,  directly  or  indirectly,  become  a  stock- 
holder in  any  association  or  corporation. 

Sec.  11.  Suits  may  be  brought  against  the 
state  in  such  manner  and  in  such  courts  as  shall 
be  directed  by  law. 

Sec.  12.  No  contract  of  marriage,  if  other- 
wise duly  made,  shall  be  invalidated  for  want  of 
conformity  to  the  requirements  of  any  religious 
sect. 

Sec.  13.  Taxation  shall  be  equal  and  uniform 
throughout  the  state.  All  property  in  this  state 
shall  be  taxed  in  proportion  to  its  value,  to  be 


Art.  XI,  §§  14-18    coxsTiTUTiox  of  1849.  438 

ascertained  as  directed  by  law;  but  assessors  and 
collectors  of  town,  county,  and  state  taxes  shall  be 
elected  by  the  qualified  electors  of  the  district, 
county,  or  town  in  which  the  property  taxed  for 
state,  county,  or  town  purposes  is  situated. 

Sec.  14.  All  property,  both  real  and  personal, 
of  the  wife,  owned  or  claimed  by  her  before  mar- 
riage, and  that  acquired  afterward  by  gift,  devise, 
or  descent,  shall  be  her  separate  property,  and 
laws  shall  be  passed  more  clearly  defining  the 
rights  of  the  wife  in  relation  as  well  to  her  sepa- 
rate property  as  to  that  held  in  common  with  her 
husband.  Laws  shall  also  be  passed  providing 
for  the  registration  of  the  wife's  separate  prop- 
erty. 

Sec.  15.  The  legislature  shall  protect  by  law 
from  forced  sale  a  certain  portion  of  the  home- 
stead and  other  property  of  all  heads  of  families. 

Sec.  16.  No  perpetuities  sliall  be  allowed  ex- 
cept for  eleemosynary  purposes. 

Sec.  17.  Every  person  shall  be  disqualified 
from  holding  any  office  of  profit  in  this  state  who 
shall  have  been  convicted  of  having  given  or  of- 
fered a  bribe  to  procure  his  election  or  appoint- 
ment. 

Sec.  18.  Laws  shall  be  made  to  exclude  from 
office,  serving  on  juries,  and  from  the  right  of 
suffrage,  those  who  shall  hereafter  be  convicted 


439  CONSTITUTION  OF  1849.       Art.  XII,  §  1 

of  bribery,  perjury,  forgery,  or  other  high  crimes. 
The  privilege  of  free  suffrage  shall  be  supported 
by  laws  regulating  elections,  and  prohibiting,  un- 
der adequate  penalties,  all  undue  influence  thereon 
from  power,  bribery,  tumult,  or  other  improper 
practice. 

Sec.  19,  Absence  from  this  state  on  business 
of  the  state  or  of  the  United  States  shall  not  af- 
fect the  question  of  residence  of  any  person. 

Sec.  20.  A  plurality  of  the  votes  given  at  any 
election  shall  constitute  a  choice,  where  not  oth- 
erwise directed  in  this  constitution. 

Sec.  21.  All  laws,  decrees,  regulations,  and 
provisions  which  from  their  nature  require  publi- 
cation shall  be  published  in  English  and  Spanish. 

ARTICLE  XII. 

BOUNDARY. 

Section  1.  The  boundary  of  the  state  of  Cali- 
fornia shall  be  as  follows: 

Commencing  at  the  point  of  intersection  of 
forty-second  degree  of  north  latitude  with  the 
one  hundred  twentieth  degree  of  longitude  west 
from  Greenwich,  and  running  south  on  the 
line  of  said  one  hundred  twentieth  degree  of  west 
longitude  until  it  intersects  the  thirty-ninth  de- 
gree of  north  latitude;  thence  running  in  a 
straight  line  in  a  southeasterly  direction  to  the 
River  Colorado,  at  a  point  where  it  intersects  the 


Schedule,  §§  1-3    constitution  of  1849.  440 

thirty-fifth  degree  of  north  latitude ;  thence  down 
the  middle  of  the  channel  of  said  river  to  the 
boundary  line  between  the  United  States  and 
Mexico,  as  established  by  the  treaty  of  May  thir- 
tieth, one  thousand  eight  hundred  and  forty-eight ; 
thence,  running  west  and  along  said  boundary 
line,  to  the  Pacific  Ocean,  and  extending  therein 
three  English  miles;  thence,  running  in  a  north- 
westerly direction  and  following  the  direction  of 
the  Pacific  Coast,  to  the  forty-second  degree  of 
north  latitude;  thence,  on  the  line  of  said  forty- 
second  degree  of  north  latitude,  to  the  place  of 
beginning.  Also,  all  the  islands,  harbors,  and 
bays  along  and  adjacent  to  the  coast. 

SCHEDULE. 

Section  1.  All  rights,  prosecutions,  claims, 
and  contracts,  as  well  of  individuals  as  of  bod- 
ies corporate,  and  all  laws  in  force  at  the  time 
of  the  adoption  of  this  constitution  and  not  in- 
consistent therewith,  until  altered  or  repealed  by 
the  legislature,  shall  continue  as  if  the  same  had 
not  been  adopted. 

Sec.  2.  The  legislature  shall  provide  for  the 
removal  of  all  causes  which  may  be  pending  when 
this  constitution  goes  into  effect  to  courts  created 
by  the  same. 

Sec.  3.  In  order  that  no  inconvenience  may 
result  to  the  public  service  from  the  taking  effect 


441  CONSTITUTION  OF  1849.     Schedule,  §§  4-6 

of  this  constitution,  no  office  sliall  be  superseded 
thereby  nor  the  laws  relative  to  the  duties  of  the 
several  officers  be  changed  until  the  entering  into 
office  of  the  new  officers  to  be  appointed  under 
this  constitution. 

Sec.  4.  The  provisions  of  this  constitution 
concerning  tlie  term  of  residence  necessary  to  en- 
able persons  to  hold  certain  offices  therein  men- 
tioned, shall  not  be  held  to  apply  to  officers  chosen 
by  the  people  at  the  first  election,  or  by  the  legis- 
lature at  its  first  session. 

Sec.  5.  Every  citizen  of  California  declared  a 
legal  voter  by  this  constitution,  and  every  citizen 
of  the  United  States  a  resident  of  this  state  on 
the  day  of  election,  shall  be  entitled  to  vote  at  the 
first  general  election  under  this  constitution,  and 
on  tlic  question  of  the  adoption  thereof. 

Sec.  6.  This  constitution  shall  be  submitted  to 
the  people  for  their  ratification  or  rejection  at  the 
general  election  to  be  held  on  Tuesday,  the  thir- 
teenth day  of  November  next.  The  executive  of 
the  existing  government  of  California  is  hereby 
requested  to  issue  a  proclamation  to  the  people, 
directing  the  prefects  of  the  several  districts,  or, 
in  case  of  vacancy,  the  subprefects  or  senior  judge 
of  first  instance,  to  cause  such  election  to  be 
held  on  the  day  aforesaid  in  their  respective  dis- 
tricts. The  election  shall  be  conducted  in  the 
manner  which  was  prescribed  for  the  election  of 


Schedule,  §  6     constitution  of  1849.  442 

delegates  to  this  convention,  except  that  the  pre- 
fects, subprefects,  or  senior  judge  of  first  instance 
ordering  such  election  in  each  district  shall  have 
power  to  designate  any  additional  number  of 
places  for  opening  the  polls,  and  that  in  every 
place  of  holding  the  election  a  regular  poll  list 
shall  be  kept  by  the  judges  and  inspectors  of  elec- 
tion. It  shall  also  be  the  duty  of  these  judges 
and  inspectors  of  election,  on  the  day  aforesaid, 
to  receive  the  votes  of  the  electors  qualified  to  vote 
at  such  election.  Each  voter  shall  express  his 
opinion  by  depositing  in  the  ballot  box  a  ticket 
whereon  shall  be  written  or  printed,  "For  the 
constitution,"  or  "Against  the  constitution,"  or 
some  such  words  as  will  distinctly  convey  the  in- 
tention of  the  voter.  These  judges  and  inspectors 
shall  also  receive  the  votes  for  the  several  officers 
to  be  voted  for  at  the  said  election,  as  heroin  pro- 
vided. At  the  close  of  the  election  the  judges  and 
inspectors  shall  carefully  count  each  ballot,  and 
forthwith  make  duplicate  returns  thereof  to  the 
prefect,  suhprefoct,  or  senior  judge  of  first  in- 
stance, as  the  case  may  be,  of  their  respective  dis- 
tricts; and  said  prefect,  subprofoct,  or  senior 
judge  of  first  instance  shall  transmit  one  of  the 
same,  by  the  most  safe  and  rapid  conveyance, 
to  the  secretary  of  state.  Upon  the  receipt  of 
said  returns,  or  on  the  tenth  day  of  December 
next,  if  the  returns  be  not  sooner  received,  it  shall 
be  the  duty  of  a  board  of  canvassers,  to  consist  of 


413  CONSTITUTION  OF  1849.     Schodule,  §§  7-1) 

the  secretary  of  state,  one  of  the  judges  of  the  su- 
perior court,  the  prefect,  judge  of  first  instance, 
and  an  alcalde  of  the  district  of  Monterey,  or  any 
three  of  the  aforementioned  officers,  in  the  pres- 
ence of  all  who  shall  choose  to  attend,  to  compare 
the  votes  given  at  said  election,  and  to  immedi- 
ately publish  an  abstract  of  the  same  in  one  or 
more  of  the  newspapers  of  California.  And  the 
executive  will  also,  immediately  after  ascertain- 
ing that  the  constitution  has  been  ratified  by  the 
people,  make  proclamation  of  the  fact ;  and  thence- 
forth this  constitution  shall  be  ordained  and  es- 
tablished as  the  constitution  of  California. 

Sec.  7.  If  this  constitution  shall  be  ratified 
by  the  people  of  California,  the  executive  of  the 
existing  government  is  hereby  requested,  imme- 
diately after  the  same  shall  be  ascertained,  in  the 
manner  herein  directed,  to  cause  a  fair  copy 
thereof  to  be  forwarded  to  the  President  of  the 
United  States,  in  order  that  he  may  lay  it  before 
the  Congress  of  the  United  States. 

Sec.  8.  At  the  general  election  aforesaid,  viz. : 
the  thirteenth  day  of  November  next,  there  shall 
be  elected  a  governor,  lieutenant-governor,  mem- 
bers of  the  legislature,  and  also  two  members  of 
Congress. 

Sec,  9.  If  this  constitution  shall  be  ratified  by 
the  people  of  California,  the  legislature  shall  as- 
semble at  the  seat  of  government  on  the  fifteenth 


Schedule,  §§  10-12    constitution  of  1849.  444 

day  of  December  next;  and  in  order  to  complete 
the  organization  of  that  body  the  senate  shall  elect 
a  president  pro  tempore,  until  the  lieutenant-gov- 
ernor shall  be  installed  into  office. 

Sec.  1 0.  On  the  organization  of  the  legislature, 
it  shall  be  the  duty  of  the  secretary  of  state  to 
lay  before  each  house  a  copy  of  the  abstract  made 
by  the  board  of  canvassers,  and,  if  called  for,  the 
original  returns  of  election,  in  order  that  each 
house  may  judge  of  the  correctness  of  the  report 
of  said  board  of  canvassers. 

Sec,  11.  The  legislature,  at  its  first  session, 
shall  elect  such  officers  as  may  be  ordered  by  this 
constitution  to  be  elected  by  that  bodj'-,  and  within 
four  days  after  its  organization,  proceed  to  elect 
two  senators  to  the  Congress  of  the  United  States. 
But  no  law  passed  by  this  legislature  shall  take  ef- 
fect until  signed  by  the  governor  after  his  instal- 
lation into  office. 

See.  12.  The  senators  and  representatives  of 
the  Congress  of  the  United  States  elected  by  the 
legislature  and  people  of  California,  as  herein  di- 
rected, shall  be  furnished  with  certified  copies  of 
this  constitution,  when  ratified,  which  they  shall 
lay  before  the  Congress  of  the  United  States,  re- 
questing, in  the  name  of  the  people  of  California, 
the  admission  of  the  State  of  California  into  the 
American  Union. 


445  CONSTITUTION  OF  1849.     Schedule,  §§  13,  14 

Sec.  13.  All  officers  of  this  state,  other  than 
members  of  the  legislatiire,  shall  be  installed  into 
office  on  the  fifteenth  day  of  December  next,  or 
as  soon  thereafter  as  practicable. 

Sec.  14.  Until  the  legislature  shall  divide  the 
state  into  counties  and  senatorial  and  assembly 
districts,  as  directed  by  this  constitution,  the  fol- 
lowing shall  be  the  api^ortionment  of  the  two 
houses  of  the  legislature,  viz :  The  districts  of  San 
Diego  and  Los  Angeles  shall  jointly  elect  two  sen- 
ators ;  the  districts  of  Santa  Barbara  and  San  Luis 
Obispo  shall  jointly  elect  one  senator;  the  district 
of  Monterey,  one  senator;  the  District  of  San 
Jos6,  one  senator;  the  district  of  San  Francisco, 
two  senators;  the  district  of  Sonoma,  one 
senator;  the  district  of  Sacramento,  four  sen- 
ators; and  the  district  of  San  Joaquin,  four  sen- 
ators. And  the  district  of  San  Diego  shall 
elect  one  member  of  the  assembly;  the  dis- 
trict of  Los  Angeles,  two  members  of  assembly; 
the  district  of  Santa  Barbara,  two  members  of 
assembly;  the  district  of  San  Luis  Obispo,  one 
member  of  assembly ;  the  district  of  Monterey,  two 
members  of  assembly;  the  district  of  San  Jose, 
three  members  of  assembly;  the  district  of  San 
Francisco,  five  members  of  assembly;  the  district 
of  Sonoma,  two  members  of  assembly;  the  district 
of  Sacramento,  nine  members  of  assembly;  and 
the  district  of  San  Joaquin,  nine  members  of  as- 
sembly. 

Constitution— 38 


Schedule,  §§  15, 16    constitution  of  1849.  446 

Sec.  15.  Until  the  legislature  shall  otherwise 
direct,  in  accordance  with  the  provisions  of  this 
constitution,  the  salary  of  the  governor  shall  be 
ten  thousand  dollars  per  annum;  and  the  salary 
of  the  lieutenant-governor  shall  he  double  the  pay 
of  a  state  senator;  and  the  pay  of  members  of  the 
legislature  shall  be  sixteen  dollars  per  diem  while 
in  attendance,  and  sixteen  dollars  for  every  twenty 
miles  traveled  by  the  usual  route  from  their  resi- 
dences to  the  place  of  holding  the  session  of  the 
legislature,  and  in  returning  therefrom.  And  the 
legislature  shall  fix  the  salaries  of  all  officers  other 
than  those  elected  by  the  people  at  the  first  elec- 
tion. 

Sec.  16.  The  limitation  of  the  powers  of  the 
legislature  contained  in  article  8  of  this  constitu- 
tion shall  not  extend  to  the  first  legislature  elected 
under  the  same,  which  is  hereby  authorized  to 
negotiate  for  such  amount  as  may  be  necessary  to 
pay  the  expenses  of  the  state  government. 

R.  SEMPLE, 
President,  and  Delegate  from  Benicia. 

Wm.  G.  Marcy,  Secretary. 
Joseph  Aram,  Pablo  De  La  Guerra, 

Ch.  T.  Botts,  Lewis  Dent, 

Elam  Brown,  Kimball  IL  Dimmick, 

Elisha  0.  Crosby,  A.  J.  Ellis, 

Jose  M.  Covarubias,         Jose  Anto  Carrillo, 
Stephen  C.  Foster,  Wm.  M.  Gwiii, 


447 


CONSTITUTION   OF   1849. 


Signers 


Edw.  Gilbert, 
Henry  Hill, 
J.  D.  Hoppe, 
Joseph  Hobson, 
Julian  Hanks, 
H.  W.  Halleck, 
L.  W.  Hastings, 


Miguel  D.  Pedrorena, 
M.   M.   McCarver, 
Antonio  Ma.   Pico, 
Jacinto  Rodriguez, 
Hugh   Eeid, 
J.  A.  Sutter, 
Jacob  R.   Snyder, 


J.McHenryHollinsworth,Winfield  Scott  Sherwood, 


Jas.  McHall  Jones, 
Thomas  0.  Larkin, 
Francis  J.  Lippitt, 
BenJ.  S.  Lippincott, 
Benj.  F.  Moore, 
Rodman  M.  Price, 
Jno.  McDougall, 
Man'L  Dominguez, 
Myron  Norton, 
Pacificus  Ord, 


William  E.  Shannon, 
Abel  Stearns, 
P.  Sansevaine, 
Wm.  M.  Steuart, 
Henry  A.  Tefft, 
M.  G.  Vallcjo, 
Thos.  L.  Vermeule, 
J.   P.   Walker, 
0.  M.  Wozencraft. 


THE 

CONSTITUTION 

OF   THE 

UNITED  STATES. 

(449) 


CONTENTS. 


rreamble. 


ARTICLE  I. 


Sec.  1.— Legislative  power  vested  in  Congress. 

Senate  and  House  of  Legislature. 
Sec.  2.— 1.  Representatives,  election  of. 

qualification  of  electors 

2.  Qualifications  of  members. 

3.  Apportionment  of  Representatives. 

of  direct  taxes. 
Census  to  be  talcen  decennially. 
Ratio  of  representation. 

4.  Vacancies  in  representation. 

Executive  to  order  election  to  fill. 

5.  House  to  choose  its  own  officers. 

to  have  sole  power  of  impeachment. 
Sec.  3.— 1.  Senate,   of  what  composed. 

Senators,  how  and  when  chosen, 
each  to  have  one  vote. 

2.  Senators  to  be  divided  into  three  classes. 

first  class  to  vacate  in  two  years. 

second  class  in  four  years. 

tliird  class  at  end  of  sixth  year. 

one-third  to  be  chosen  every  second 
year. 

vacancies  during  recess  to  be  tempo- 
rarily filled. 

3.  Qualifications  for  Senator. 

thirty  years  of  age. 
nine  years  a  citizen. 
to  be   inhabitant   of   State   for   which 
chosen. 

(451) 


CONTENTS   OF   COXSTITUTIOX   OF   U.    S.  45- 

4.  Vice-President  to  be  President  of  Senate. 

to  liave  no  vote  except  in  case  of  a  tie. 

5.  Senate  to  clioose  other  officers. 

to  clioose  President  pro  tern,  in  ab- 
sence of  Vice-President. 

6.  Senate  to  have  sole  power  to  try  impeach- 

ments. 

when  so  sitting,  to  be  on  oath  or  af- 
firmation. 

Chief  Justice  to  preside  on  trial  of 
President. 

concurrence  of  two-thirds  necessary 
for  conviction. 

7.  .Tudirment  on   conviction,    extent   of. 

not  to  operate  against  trial  according 
to  law. 
Sec.  4.— 1.  Time  and  mode  of  elections  to  be  fixed  by 
State  Legislatures. 

Congress  may  alter  State  regulations, 
except  as  to  the  place  of  elections. 
2.  Congress  to  assemble  at  least  once  a  year, 
meeting  to  be  on  first  Monday  of  De- 
cember, 
unless  otherwise  appointed  by  law. 
Sec.  5.— 1.  Each  house  to  judge  the  elections,  returns, 
and  qualifications  of  its  members. 

majority     to     constitute    a     business 

quorum, 
smaller  number  may  adjourn  and  com- 
pel attendance, 
penalties  may  be  presci'ibed  for  non- 
attendance. 

2.  Each   house   may   determine    rules   of   Its 

proceedings. 

may  punish  for  disorderly  behavior, 
with  concurrence  of    two-thirds    may 
expel. 

3.  Each   hoiise   shall   keep  a  journal  of  pro- 

ceedings. 

may  i)ulilish  the  same, 
yeas  and  nays  to  be  entered  on  desire 
of  one  lifth. 


453  CONTENTS   OF   CONSTITUTION   OF  V.   8. 

4.  Neither  house  shall  adjourn  for  more  than 

three  days  without  consent  of  the  other. 

nor  to  any  other  place  than  that  in 

which  they  are  sitting. 

Sec.  C. — 1.  Compensation  for  services   to   be  fixed  by 

law. 

to  be  paid  out  of  U.  S.  Treasury. 
Members  to  be  privileged  from  arrest  dur- 
ing the  session. 

except  for  treason,  felony,  and  breach 

of  peace, 
to  be  privileged  in  going  to  and  return- 
ing from  the  sessions. 
for  speech  or  debate  not  to  be  ques- 
tioned elsewhere. 
2.  No   member  to  be  eligible  for  a  civil  of- 
fice  under  Government    created    or    in- 
creased in  emoluments  during  his  term, 
no  person   holding  U.   S.   office  to  be 
eligible  as  a  member. 
Sec.  7.— 1.  Bills  for  raising  revenue  to  originate  in  the 
House,  but  the  Senate  may  propose   or 
concur  with  amendments. 

2.  Every  bill  to  be  presented  to  the  President 

for  his  approval. 

if  returned,  objections  to  be  entered 
on  the  journal. 

to  be  reconsidered. 

on  concurrence  of  two-thirds,  the  bill 
to  be  sent  to  other  house. 

If  approved  by  two-thirds,  to  become  a 
law. 

the  vote  of  both  houses  to  be  by  yeas 
and  nays. 

names  of  members  voting  to  be  en- 
tered on  journals. 

if  bill  not  returned  by  President  in  ten 
days,  to  be  a  law,  unless  Congress, 
by  adjournment,  prevent  the  return. 

3.  Concurrent  resolutions  to  be  presented  to 

the  President  except  on  question  of  ad- 
journment. 

if  disapproved,  require  two-thirds  to 
pass  them. 


CONTEXTS   OF   CONSTITUTION    OF   U.    S.  4.j4 

Sec.  8. — 1.  Congress  shall  have  power  to  lay  and  col- 
lect taxes,  duties.   Imposts,  and  excises. 
to  pay  debts  and  provide  for  common 

defense  and  general  welfare. 
all  duties,  imposts,  and  excises  to  be 
uniform. 

2.  to  borrow  money  on  credit  of  U.  S. 

3.  to  regulate  commerce. 

with  foreign  nations, 
among  the  several  States. 
and  with  tlie  Indian  tribes. 

4.  to  establish  uniform  rule  of  naturali- 

zation, and  uniform  laws  on  subject 
of  bankruptcies. 

5.  to  coin  money  and  regulate  its  value, 

and  fix  the  standard  of  weights  and 
measures. 

6.  to  provide  for  punishment  of  counter- 

feiting securities  and  coin  of  U.  S. 

7.  to  establish  postoffices  and  postroads. 

8.  to  promote  progress   of    science  and 

useful    arts    by  securing  to  authors 
and  inventors  exclusive  rights. 

9.  to  constitute  tribunals  inferior  to  Su- 

preme Court. 

10.  to  define  and  punish  piracies  and  fel- 

onies   on    high    seas,    and    offenses 
against  law  of  nations. 

11.  to  declare  war. 

grant  letters  of  marque  and  re- 
prisal and  make  rules  concern- 
ing captures. 

12.  to  raise  and  support  armies. 

appropriations  to  be  limited  to  two 
years. 

13.  to  provide  and  maintain  a  navy. 

14.  To  make  rules  for  government  of  land  and 

naval   forces. 

15.  To  provide  for  calling  forth  the  militia. 

to    execute     laws,    suppress    insurrec- 
tions, etc. 

16.  To  provide  for  organizing  and  arming  the 

militia. 


455  CONTENTS   OF   COA'STITUTION    OF   U.    S. 

for  governing  them  when  in  employ  of 

Government, 
authority  of  States  as  to  appointment 

of  officers  reserved, 
also  as  to  disciplining  militia. 

17.  To  exercise  exclusive  legislation  over  seat 

of  government. 

and    over  sites   of    public  works    or 
buildings. 

18.  To  malie   all  laws  necessary   and  proper 

to  carry  out  its  powers. 
Sec.  9.— 1.  Migration   or   importation    of    slaves,   re- 
striction of. 

tax  or  duty  may  be  imposed. 

2.  Haheas  corpus  not  to  be  suspended  except. 

3.  No  bill  of  attainder  or  ex  post  facto  law  to 

be  passed. 

4.  No    direct    tax    unless    in    proportion    to 

census. 

5.  No  tax  or  duty  on  exports  from  any  State. 

6.  No  preference  to  be  given  in  commerce  or 

revenue  to  ports  of  any  State. 

no  entry,  clearance,  or  duties  on  ves- 
sels bound  to  or  from  States. 

7.  INfoney  to  be  drawn  only  on  appropriations 

made  by  law. 

statements  of    receipts    and    expendi- 
tures to  be  published. 

8.  No   title  of  nobility  to  be  granted. 

no  officer  to  accept  presents  from  for- 
eign powers. 
Sec.  10.— 1.  No  State  to  enter  into  any  treaty,  alliance, 
or  confederation. 

or  grant    letters  of    marque    and  re- 
prisal. 

or  coin  money. 

or  emit  bills  of  credit 

or  make  anything  but  gold  and  silver 
a  legal  tender. 

or  pass  any  bill  of  attainder. 

or  ex  post  facto  law. 

or  law  impairing    obligation  of    con- 
tract. 

or  grant  any  title  of  nobility. 


CONTENTS   OF  CONSTITUTION   OF  U.   8.  456 

2.  No  State,    without    consent    of    Congress, 
shall  lay  any  imposts  or  duties, 
except  absolutely  necessary, 
and  the  net  produce  to  be  for  use  of 

Government, 
and   the  laws  subject  to  revision   of 
Congress. 
3-  No  State,  without  consent  of  Congress,  to 
lay  duty  on  tonnage. 

or  Iveep  troops  or  ships  of  war  in  time 

of  peace, 
or  enter  into  any  agreement  or  com- 
pact with    other    States,  or  with  a 
foreign  jiower. 
unless   actually   invaded   or  in  immi- 
nent danger. 

ARTICLE  II. 

Sec.  1.— 1.  The  executive  power  is  vested  in  a  Presi- 
dent. 

his  term  of  office  shall  be  four  years, 
the  term  of    office  of    Vice-President 

shall  be  the  same, 
they  sliall  be  elected  together. 

2.  Each  State  shall  appoint  Presidential  elec- 

tors. 

to  be .  in  number  equal  to  the  whole 
number  of  their  Senators  and  Rep- 
resentatives. 

no  Senator  or  Representative  or  public 
U.  S.  officer  sliall  be  an  elector. 

3.  Manner  of  voting  by  electors. 

RicPEALKi).     See  XI  1th  Amendment. 

4.  Congress    may    determine   time    of    choos- 

ing electors. 

and  the  day  of  their  meeting  to  elect, 
to  be  tlie  same  throughout  the  U.  S. 
5.  Natural-boi-n  citizens    alone    eligible    for 
I'rcsidcnt. 

to   have    attained    the  age    of   thirty- 
live,  and  been  fourteen  years  a  resi- 
dent. 
6.  Tlie  Vice-Pr(>si(l<>nt  to  assume  th(>  duties  of 
President  in  case  of  his  death,  resigna- 
tion, etc. 


457  CONTENTS    OF    CONSTITUTION    OF    U.     S. 

Congress  may  by  law  provide  for  the  casf^ 
Of  death,  resignation,  etc.,  of  the  Presi- 
dent. 

and  declare  wliat  officer  shall  then  act. 

7.  The  compensation  of  the  President  shall 

not   be   increased  or  diminished   during 
his  term  of  office. 

and  he  shall  not  receive  during  that 
period  any  other  emolument. 

8.  Oath  or  affirmation  of  President. 

Sec.  2.— 1.  President  shall  be  Commander  in  Chief  of 
Army  and  Navy, 
and  of  the  Militia  of  the  several  States, 

when  in  service  of  the  U.  S. 
may  i-equire  written  opinions  of  execu- 
tive officers. 
may  grant  reprieves  and  pardons,  ex- 
cept in  impeachments. 

2.  By  and  Avith  consent    of    Congress,    may 

make  treaties. 

and  shall  nominate  and  appoint  Am- 
bassadors, etc. 

and  all  other  officers  whose  appoint- 
ments are  not  otherwise  provided 
for. 

Congress  may  vest  apiiointment  of  in- 
ferior officers  as  they  think  proper. 

3.  President  may  fill  vacancies  during  recess 

of   Senate. 
Sec.  3.  President  to  give  information  of     state  of  the 
Union. 

to  recommend  measures  to  Congress, 
on  extraordinary  occasions  may  con- 
vene Congress. 
In  case  of  disagreement,  may  adjourn 

Congress. 
to  receive  Ambassadors  and  Ministers, 
to  take  care  that  the  laws  are  admin- 
istered, 
to  commission  all  officers  of  the  U.  S. 
Sec.  4.— President  and  Vice-President  to  be  removed 
on  impeachment  for  treason,    bribery,  or 
high  crimes. 
Constitution— 39 


CONTENTS    OF    CONSTITUTION    OF    U.    8.  458 

ARTICLE  III. 

Sec.  1.— Judicial  power  is  vested  in  a  Supreme  Court 
and  inferior  Courts,  to  be  establisbed  by- 
Congress. 

Judges  to  hold  office  during  good  be- 
havior, 
compensation     not    to    be    diminished 
during  continuance  in  office. 
Sec.  2. — 1.  Jurisdiction  to  extend  to  all  cases  arising 
under  the  Constitution,  laws,  and  trea- 
ties. 

to  all    cases    affecting    Ambassadors, 

Ministers,  and  Consuls, 
to  all  cases  of  admiralty  and  maritime 

jurisdiction, 
to  controversies  to  which  the  U.  S,  is  a 

party, 
to  controversies  between  two  or  more 

States, 
between  a  State  and   citizens  of  an- 
other State, 
between  citizens  of  different  States. 
between    citizens  of    the  same    State 
claiming  lands  under  grants  of  dif- 
ferent States. 
and    between  a  State    or  its  citizens, 
and  foreign  States,  citizens,  or  sub- 
jects. 

2.  Supreme  Court  shall   have  original  juris- 

diction 

in    all    cases   affecting    Ambassadors, 

Ministers,  or  Consuls, 
and  cases  in  which  a  State  is  a  party, 
and  appellate  jurisdiction  both  as  to 

law  and   fact,   under  regulations  to 

be  made  by  Congress. 

3.  Trials  of  all  crimes,  except  in  cases  of  im- 

peaclunent,  to  be  by  jury. 

to  be  had   in  State  where  crime  has 

been  com  mil  led. 
when  not  committed  within  a  State,  to 
be  where  Congress  may  direct. 


459  CONTENTS    OF    CONSTITUTION    OF    U.     S. 

See.  3. — 1.  Treason  consists  in  levying  war  against, 
or  adhering  to  enemies  of  the  U.  S.,  giv- 
ing them  aid  and  comfort. 

no  conviction  unless  on  testimony  of 

two  witnesses, 
or  on  confession  in  open  Court. 
2.  Congress  may  declare  the  punishment  for 
treason. 

no  attainder  shall  work  corruption  of 
blood  or  forfeiture  beyond  the  life 
of  the  party  attainted. 

ARTICLE   IV. 

See.  1.— Full  faith  and  credit  to  be  given  to  public 
acts,  records,  and  judicial  proceedings  of 
States. 

Congress    may   prescribe   the    manner 

of  their  proof,  and  the  effect  thereof. 

Sec.  2, — 1.  Citizens  of  each  State  are  entitled  to  the 

privileges  and  immunities  of  citizens  in 

the  several    States. 

2.  Fugitives  from  .instice  to  be  delivered  up 

to  State  having  jurisdiction  of  the  crime. 

3.  Fugitives  from  service  or  labor  to  be  deliv- 

ered up. 
Sec.  3.— 1.  New  States  may  be  admitted  by  Congress, 
but  they  cannot  be  formed   within    the 
jurisdiction  of  a  State  without  consent  of 
its    Legislature. 

nor  by  the   junction  of    two  or  more 
States    without    consent   of    States 
concerned  and  of  Congress. 
2.  Congress  may  dispose  of  and  make  rules 
and  regulations    for  territories  or  other 
property  belonging  to  the  LT.  S. 
Claims  of  the  U.  S.  or  of  a  State  not  to  be 
prejudiced. 
Sec.  4.— A  republican  form  of  government  guaranteed 
to  each  State, 
and  protection  of  each  against  invasion, 
and  against  domestic  violence. 


CONTENTS    OF    CONSTITUTION    OF    U.    S.  -iGO 

ARTICLE  V. 

Congress  may  propose  amendments,  when 
deemed  necessary. 

or  on  application  of  two-thirds  of  the 
State  Legislatures. 

convention  to  be  called. 

to  be  ratified  by  Legislatures  or  con- 
ventions of  three-fourths  of  the 
States. 

no  State,  -nithout  its  consent,  can  be 
deprived  of  its  equal  suffrage  in  the 
Senate. 

ARTICLE  VI. 

1.  All  existing  liabilities  are  valid  against  the 

TJ.  S. 

2.  The  Constitution,  laws,  and  treaties  are  the 

supreme  law  of  the  land. 
Judges  in  every  State  bound  thereby. 

3.  All  officers,  executive,  legislative,  and  .iu- 

dicial,  both  Federal  and  State,  to  be 
bound  by  oath  or  affirmation  to  support 
the  Constitution. 

no  religious  test  shall  be  required  as 
a  qualification  to  any  office. 

ARTICLE   VIL 

The  ratification  of  nine  States  sufficient. 

Attestation  clause. 

Signatures. 

AMENDMENTS. 

ARTICLE  I. 

Congress  can  make  no  law  respecting  religion, 
or  aitridging  tlie  freedom  of  speech  or  of 

the  press. 
or  tlic  right  to  peaceably  assemble  and 

petition  for  redress. 

ARTICLE   IL 

The  right  of   tlie   people  to  keep  and   bear 
arms  shall   not  be  infringed. 


461  CONTENTS    OF    CONSTITUTION    OF    U.    S. 

ARTICLE  III, 

No  soldier  to  be  quartered  in  any  house 
without  the  consent  of  the  owner. 

nor  in  time  of  war  but  in  a  manner  pre- 
scribed by  law. 

ARTICLE  IV. 

The  right  of  security  against  searches  and 
seizures  shall  not  be  violated. 

warrants  on  probable  cause  to  be  sup- 
ported by  oath  or  affirmation, 
the  place,   person,   and  thing  to  be  de- 
scribed in  the  warrant. 

ARTICLE  V. 

Presentment  or  indictment  before  grand  -jury 
essential  to  trial  for  crime. 

except  as  to  land  or  naval  forces  or 
militia  in  time  of  war. 

no  person  to  be  put  twice  in  jeopardy. 

nor  be  compelled  to  be  witness  against 
himself. 

nor  be  deprived  of  life,  liberty,  or  prop- 
erty without  due  process  of  law. 

nor  shall  private  property  be  taken  for 
public  use  without  compensation. 

ARTICLE  VI. 

In  criminal  trials,  accused  shall  have  the 
right  to  a  speedy  and  public  trial. 

by  a  jury,  of  State  and  district  where 
crime  was  committed. 

and  to  be  informed  of  the  nature  and 
cause  of  accusation. 

and  to  be  confronted  with  witnesses 
against  him. 

and  to  have  compulsoiy  process  for  wit- 
nesses in  his  favor. 

and  to  have  the  assistance  of  counsel  for 
his  defense. 


CONTEXTS    OF    CONSTITUTION    OF    U.    S.  462 

ARTICLE  VII. 

Id  civil  actions,  tbe  riglit  of  trial  by  jury 
sliall  be  preserved  wliere  tlie  value  in  con- 
troversy exceeds  twenty  dollars. 

facts  tried  by  jury  are  re-examinable 
ouly  according  to  the  rules  of  common 
law. 

ARTICLE  VIII. 

Excessive  bail  shall  not  be  required, 
nor  excessive  fines  imposed, 
nor  cruel  nor  unusual  punishments  in- 
flicted. 

ARTICLE  IX. 

The  enumeration  of  rights  not  to  disparage 
others  retained  by  the  people. 

ARTICLE  X. 

Powers  not  delegated  nor  prohibited  to  the 
States  are  reserved  to  the  States  or  to  the 
people. 

ARTICLE  XI. 

The  judicial  power  not  to  extend  to  actions 
against  a  State  by  citizen  of  another  State, 
or  of  a  foreign  State. 

ARTICLE   XII. 

Frosidential  electors  to  meet  in  their  respec- 
tive States. 

and  vote  by  ballot  for  President  and 
Vice-President. 

the  ballots  for  each  office  to  be  distinct. 

distinct  lists  to  be  made,  signed,  certi- 
fied, and  transmitted  to  the  President 
of  tlic  Senate. 

tho  Prcsidt'iit  of  the  Senate  to  open  the 
certificates  in  presence  of  both  houses 
of  Congress. 

and  the  voles  shall  then  be  counted. 

the  person  liaviiig  tlie  greatest  number  of 
votes  shall  be  I'resident. 


46S  CONTENTS    OF    CONSTITUTION    OF    U.    8. 

if  tliere  be  no  majority  the  House  of 
Representatives  shall  elect  from  those 
having  the  highest  number,  not  exceed- 
ing three. 

the  votes  shall  be  taken  by  States,  each 
State  having  one  vote. 

a  quorum  shall  consist  of  a  representa- 
tion from  two-thirds  of  the  States. 

a  majority  of  all  the  States  necessary  to 
a  choice. 

if  the  House  neglect  to  choose  a  Presi- 
dent, the  Vice-President  shall  act  as 
such. 

the  person  having  the  greatest  number 
of  votes  for  Vice-President  shall  be 
Vice-President,  if  it  be  a  majority  of 
the  electors. 

if  not  such  majority,  then  the  Senate 
shall  choose  the  Vice-President  from 
the  two  highest  on  the  list. 

a  quorum  shall  consist  of  two-thirds  of 
the  whole  number  of  Senators. 

a  majority  shall  be  necessary  for  a 
choice. 

constitutional  ineligibility  for  President 
renders  a  person  ineligible  for  Vice- 
President. 

ARTICLE   XIII. 

Neither  slavery  nor  involuntary  servitude, 
except  for  crime,  shall  exist  in  the  United 
States. 

Congress  may  enforce  this  article. 

ARTICLE  XIV. 

Sec.  1.— All  persons  born  or  naturalized  in  the  U.  S. 
are  citizens  of  the  U.  S.  and  of  the  State 
where  they  reside. 

States  cannot  abridge  the  privileges  and 

immunities  of  citizens, 
nor  deprive  any  person  of  life,  liberty,  or 

property  without  due  process  of  law. 
nor  deny  to  any  person  the  equal  protec- 
tion of  the  law. 


CONTENTS    OF    CONSTITUTION    OF    U.    S.  464 


Sec.  2.— Representatives  shall  be  apportioned  accord- 
ing to  the  whole  number  of  persons  in  each 
State,  excluding  Indians  not  taxed. 

but  when  the  right  to  vote  is  denied  to 
male    citizens    over    twenty-one,    the 
basis    of    representation    shall    be    re- 
duced accordingly, 
except  for  participation  in  the  rebellion 
or  for  other  crimes. 
Sec.  3. — Persons  engaged  in  insurrection  or  rebellion 
having  previously  taken  the  oath  to   sup- 
port the  Constitution  of  the  U.  S.  are  dis- 
qualified from  holding  office. 

Congress   may    by  a  two-third   vote  of 

each  house  remove  the  disability. 

See.  4.— The  validity  of  the  public  debt  of  the  U.  S., 

authorized  by  law,  shall  not  be  questioned. 

debts  or  obligations   incurred   in  aid  of 

rebellion  are  illegal  and  void, 
claims  for  loss  or  emancipation  of  any 
slave  are  illegal  and  void. 
Sec.  5.— Congress  shall  have  power  to  enforce  these 
provisions. 

ARTICLE    XV. 

Sec.  1.— The  right  of  citizens  to  vote  shall  not  be  de- 
nied or  abridged  on  account  of  race,  color, 
or  previous  condition  of  servitude. 

Sec.  2.— Congress  shall  have  power  to  enforce  this 
article. 


CONSTITUTION 


OF   THE 


UNITED  STATES 


We  the  People  of  the  United  States,  in  Order 
to  form  a  more  perfect  Union,  establish  Justice, 
insure  domestic  Tranquility,  provide  for  the  com- 
mon defence,  promote  the  general  Welfare,  and 
secure  the  Blessings  of  Liberty  to  ourselves  and 
our  Posterity,  do  ordain  and  establish  this  Con- 
stitution for  the  United  States  of  America. 

AETICLE  I. 

Section.  1,  All  legislative  Powers  herein 
granted  shall  be  vested  in  a  Congress  of  the 
United  States,  which  shall  consist  of  a  Senate  and 
House  of  Eepresentatives. 

Section.  2.     ^The    House    of    Eepresentatives 

shall  be  composed  of  Members  chosen  every  second 

Year  by  the  People  of  the  several  States,  and  the 

Electors  in  each  State  shall  have  the  Qualifications 

(4G5j 


Art.  I,  §  2  CONSTITUTION  OF  V.  a.  466 

requisite   for    Electors  of    the    most    numerous 
Branch  of  the  State  Legislature. 

^No  Person  shall  be  a  Eepresentative  who  shall 
not  have  attained  to  the  Age  of  twenty-five  Years, 
and  been  seven  Years  a  Citizen  of  the  United 
States,  and  who  shall  not,  when  elected,  be  an 
Inhabitant  of  that  State  in  which  he  shall  be 
chosen. 

^[Representatives  and  direct  Taxes  shall  be  ap- 
portioned among  the  several  States  which  may  be 
included  within  this  Union,  according  to  their 
respective  Numbers,  which  shall  be  determined  by 
adding  to  the  whole  Number  of  free  Persons,  in- 
cluding those  bound  to  Service  for  a  Term  of 
Years,  and  excluding  Indians  not  taxed,  three- 
fifths  of  all  other  Persons.]  The  actual  Enimiera- 
tion  shall  be  made  within  three  Years  after  the 
first  Meeting  of  the  Congress  of  the  United  States, 
and  within  every  subsequent  Term  of  ten  Years, 
in  such  Manner  as  they  shall  by  Law  direct.  The 
Number  of  Representatives  shall  not  exceed  one 
for  every  thirty  Thousand,  but  each  State  shall 
have  at  Least  one  Representative;  and  until  such 
enumeration  shall  be  made,  the  State  of  New 
Hampshire  shall  be  entitled  to  chuse  three,  Massa- 
chusetts eight,  Rhode-Island  and  Providence 
Plantations  one,  Connecticut  five,  New  York  six. 
New  Jersey  four,  Pennsylvania  eight,  Delaware 
one,  Maryland  six,  Virginia  ten,  North  Carolina 
five,  South  Carolina  five,  and  Georgia  three. 


4G7  CONSTITUTION  OF  u.   s.  Art.   I,   §   3 

*Wheii  vacancies  happen  in  the  Eepresentation 
from  any  State,  the  Executive  Authority  thereof 
shall  issue  Writs  of  Election  to  fill  such  Vacancies. 

^The  House  of  Eepresentatives  shall  chuse  their 
Speaker  and  other  Officers;  and  shall  have  the 
sole  Power  of  Impeachment. 

Section.  3.  ^The  Senate  of  the  United  States 
shall  be  composed  of  tAvo  Senators  from  each 
State,  chosen  by  the  Legislature  thereof,  for  six 
Years;  and  each  Senator  shall  have  one  Vote. 

^Immediately  after  they  shall  be  assembled  in 
Consequence  of  the  first  Election,  they  shall  be 
divided  as  equally  as  may  be  into  three  Classes. 
The  Seats  of  the  Senators  of  the  first  Class  shall 
be  vacated  at  the  Expiration  of  the  second  year,  of 
the  second  Class  at  the  Expiration  of  the  fourth 
Year,  and  of  the  third  Class  at  the  Expiration  of 
the  sixth  Year,  so  that  one-third  may  be  chosen 
every  second  Year;  and  if  Vacancies  happen  by 
Resignation,  or  otherwise,  during  the  Eeccss  of 
the  Legislature  of  any  State,  the  Executive  thereof 
may  make  temporary  Appointments  until  the  next 
Meeting  of  the  Legislature,  which  shall  then  fill 
such  Vacancies. 

^No  Person  shall  be  a  Senator  who  shall  not 
have  attained  to  the  Age  of  thirty  Years,  and  been 
nine  Years  a  Citizen  of  the  United  States,  and 
who  shall  not,  when  elected,  be  an  Inhabitant  of 
that  State  for  which  he  shall  be  chosen. 


Art.    I,    §   4  CONSTITUTION   OF   U.    8.  4C8 

^The  Vice  President  of  tlie  United  States  shall 
be  President  of  the  Senate,  but  shall  have  no  Vote, 
unless  they  be  equally  divided. 

^The  Senate  shall  chuse  their  other  Officers,  and 
also  a  President  pro  tempore,  in  the  Absence  of 
the  Vice  President,  or  when  he  shall  exercise  the 
Office  of  President  of  the  United  States. 

®The  Senate  shall  have  the  sole  Power  to  try  all 
Impeachments.  When  sitting  for  that  Purpose, 
they  shall  be  on  Oath  or  Affirmation.  When  the 
President  of  the  United  States  is  tried,  the  Chief 
Justice  shall  preside:  And  no  Person  shall  be 
convicted  without  the  Concurrence  of  two-thirds 
of  the  Members  present. 

Judgment  in  Cases  of  Impeachment  shall  not 
extend  further  than  to  removal  from  Office,  and 
disqualification  to  hold  and  enjoy  any  Office  of 
honor,  Trust  or  Profit  under  the  United  States: 
but  the  Party  convicted  shall  nevertheless  be  liable 
and  subject  to  Indictment,  Trial,  Judgment  and 
Punishment,  according  to  Law. 

Section.  4.  ^The  Times,  Places  and  Manner 
of  holding  Elections  for  Senators  and  Representa- 
tives, shall  be  prescribed  in  each  State  by  .the 
Legislature  thereof ;  but  the  Congress  may  at  any 
time  by  Law  make  or  alter  such  Kegulations,  ex- 
cept as  to  the  Places  of  chusing  Senators. 

^The  Congress  sliall  assemble  at  least  once  in 
every  Year,  and  such  Meeting  sball  be  on  the  first 


409  coNSTixrTiON  OF  u.  s.       Art.  I,  §§  5,  G 

Monday  in  December,  unless  they  shall  by  Law 
appoint  a  different  Day. 

Section.  5.  ^Each  House  shall  be  the  Judge 
of  the  Elections,  Eeturns  and  Qualifications  of  its 
own  Members,  and  a  jVIajority  of  each  shall  con- 
stitute a  Quorum  to  do  Business;  but  a  smaller 
Number  may  adjourn  from  day  to  day,  and  may  be 
authorized  to  compel  the  Attendance  of  absent 
Members,  in  such  Manner,  and  under  such  Pen- 
alties as  each  House  may  provide. 

^Each  House  may  determine  the  Eules  of  its 
Proceedings,  punish  its  Members  for  disorderly 
Behavior,  and,  with  the  Concurrence  of  two  thirds, 
expel  a  Member. 

^Each  House  shall  keep  a  Journal  of  its  Pro- 
ceedings, and  from  time  to  time  publish  the  same, 
excepting  such  Parts  as  may  in  their  Judgment 
require  Secrecy;  and  the  Yeas  and  Nays  of  the 
Members  of  either  House  on  any  question  shall, 
at  the  Desire  of  one  fifth  of  those  present,  be  en- 
tered on  the  Journal. 

^Neither  House,  during  the  Session  of  Congress, 
shall,  without  the  Consent  of  the  other,  adjourn 
for  more  than  three  days,  nor  to  any  other  Place 
than  that  in  which  the  two  Houses  shall  be  sit- 
ting. 

Section.  6.  ^The  Senators  and  Eepresenta- 
tives  shall  receive  a  Compensation  for  their  Ser- 
vices, to  be  ascertained  by  Law,  and  paid  out  of 

Constitution  —40 


Art.   I,    §   7  CONSTITUTION  OF  u.   s,  470 

the  Treasury  of  the  United  States.  They  shall  in 
all  Cases,  except  Treason,  Felony  and  Breach  of 
the  Peace,  be  privileged  from  Arrest  during  their 
Attendance  at  the  Session  of  their  respective 
Houses,  and  in  going  to  and  returning  from  the 
same;  and  for  any  Speech  or  Debate  in  either 
House,  they  shall  not  be  questioned  in  any  other 
Place. 

^ISTo  Senator  or  Eepresentative  shall,  during  the 
Time  for  which  he  was  elected,  be  appointed  to 
any  civil  Office  under  the  Authority  of  the  United 
States,  which  shall  have  been  created,  or  the 
Emoluments  whereof  shall  have  been  encreased 
during  such  time;  and  no  Person  holding  any 
Office  under  the  United  States,  shall  be  a  Mem- 
ber of  either  House  during  his  Continuance  in 
Office. 

Section.  7.  ^All  Bills  for  raising  Revenue 
shall  originate  in  the  House  of  Eepresentatives ; 
but  the  Senate  may  propose  or  concur  with  Amend- 
ments as  on  other  Bills. 

^Every  Bill  which  shall  have  passed  the  Houso 
of  Representatives  and  the  Senate,  shall,  before  it 
become  a  Law,  be  presented  to  the  President  of 
the  United  States;  If  he  approve  he  shall  sign  it, 
but  if  not  he  shall  return  it,  with  his  Objections 
to  that  House  in  which  it  shall  have  originated, 
who  shall  enter  the  Objections  at  large  on  their 
Journal,  and  proceed  to  reconsider  it.     If  after 


471  CONSTITUTION  OP  u.   s.  Art.   I,    §   8 

such  Reconsideration  two  thirds  of  that  House 
shall  agree  to  pass  the  Bill,  it  shall  be  sent,  to- 
gether with  the  Objections,  to  the  other  House, 
by  which  it  shall  likewise  be  reconsidered,  and  if 
approved  by  two  thirds  of  that  House,  it  shall 
become  a  Law.  But  in  all  such  Cases  the  Votes 
of  both  Houses  shall  be  determined  by  Yeas  and 
Nays,  and  the  Names  of  the  Persons  voting  for 
and  against  the  Bill  shall  be  entered  on  the  Jour- 
nal of  each  House  respectively.  If  any  Bill  shall 
not  be  returned  by  the  President  within  ten  days 
(Sundays  excepted)  after  it  shall  have  been  pre- 
sented to  him,  the  Same  shall  be  a  Law,  in  like 
Manner  as  if  he  had  signed  it,  unless  the  Congress 
by  their  Adjournment  prevent  its  Eeturn,  in  which 
Case  it  shall  not  be  a  Law. 

^Every  Order,  Eesolution,  or  Vote  to  which  the 
Concurrence  of  the  Senate  and  House  of  Eepresen- 
tatives  may  be  necessary  (except  on  a  question  of 
Adjournment)  shall  be  presented  to  the  President 
of  the  United  States;  and  before  the  Same  shall 
take  Effect,  shall  be  approved  by  him,  or  being 
disapproved  by  him,  shall  be  repassed  by  two 
thirds  of  the  Senate  and  House  of  Representatives, 
according  to  the  Rules  and  Limitations  prescribed 
in  the  Case  of  a  Bill. 

Sectiojst.  8.  iThe  Congress  shall  have  Power 
To  lay  and  collect  Taxes,  Duties,  Imposts  and  Ex- 
cises, to  pay  the  Debts  and  provide  for  the  com- 


Art.  I,  §  8  coxsTiTUTiox  of  u.  s.  472 

mon  Defence  and  general  Welfare  of  the  United 
States;  but  all  Duties,  Imposts  and  Excises  shall 
be  uniform  throughout  the  United  States; 

^To  borrow  Money  on  the  credit  of  the  United 
States ; 

*To  regulate  Commerce  with  foreign  Nations, 
and  among  the  several  States,  and  with  the  Indian 
Tribes; 

*To  establish  an  uniform  Euleof  Naturalization, 
and  uniform  Laws  on  the  subject  of  Bankruptcies 
throughout  the  United  States; 

^To  coin  Money,  regulate  the  Value  thereof,  and 
of  foreign  Coin,  and  fix  the  Standard  of  Weights 
and  Measures; 

®To  provide  for  the  Punishment  of  counterfeit- 
ing the  Securities  and  current  Coin  of  the  United 
States ; 

"^To  establish  Post  Offices  and  post  Eoads; 

^To  promote  the  Progress  of  Science  and  useful 
Arts,  by  securing  for  limited  Times  to  Authors 
and  Inventors  the  exclusive  Eight  to  their  respec- 
tive Writings  and  Discoveries; 

^To  constitute  Tril)unals  inferior  to  the  supreme 
Court ; 

^^To  define  and  punish  Piracies  and  Felonies 
committed  on  tbe  liigk  Seas,  and  Offences  against 
the  Law  of  Nations; 


473  CONSTITUTION  OF  u.   s.  Art.   I,    §   8 

^^To  declare  War,  grant  Letters  of  Marqne  and 
Reprisal,  and  make  Eiiles  concerning  Captures  on 
Land  and  Water; 

i^To  raise  and  support  Armies,  but  no  Appro- 
priation of  Money  to  that  Use  shall  be  for  a 
longer  Term  than  Two  Years; 

i^To  provide  and  maintain  a  jSTavy; 

i^To  make  Eules  for  the  Government  and  Eegu- 
lation  of  the  land  and  naval  Forces; 

i^To  provide  for  calling  forth  the  Militia  to 
execute  the  Laws  of  the  Union,  suppress  Insurrec- 
tions and  repel  Invasions; 

^'^To  provide  for  organizing,  arming,  and  dis- 
ciplining, the  Militia,  and  for  governing  such  Part 
of  them  as  may  be  employed  in  the  Service  of  the 
United  States,  reserving  to  the  States  respectively, 
the  Appointment  of  the  Officers,  and  the  Authority 
of  training  the  Militia  according  to  the  discipline 
prescribed  by  Congress; 

I'To  exercise  exclusive  Legislation  in  all  Cases 
whatsoever,  over  such  District  (not  exceeding  ten 
Miles  square)  as  may,  by  Cession  of  particular 
vStates,  and  the  Acceptance  of  Congress,  become 
the  Seat  of  the  Government  of  the  United  States, 
and  to  exercise  like  Authority  over  all  Places  pur- 
chased by  the  Consent  of  the  Legislature  of  the 
State  in  which  the  Same  shall  be,  for  the  Erec- 
tion of  Forts,  Magazines,  Arsenals,  dock-Yards, 
and  other  needful  Buildings; — And 


Art.   I,    §   9  CONSTITUTION  OF  u.   s.  474 

^^To  make  all  Laws  which  shall  be  necessary 
and  proper  for  carrying  into  Execution  the  fore- 
going Powers,  and  all  other  Powers  vested  by  this 
Constitution  in  the  Government  of  the  United 
States,  or  in  any  Department  or  OflEicer  thereof; 

Section.  9.  ^The  Migration  or  Importation  of 
such  Persons  as  any  of  the  States  now  existing 
shall  think  proper  to  admit,  shall  not  be  prohibited 
by  the  Congress  prior  to  the  Year  one  thousand 
eight  hundred  and  eight,  but  a  Tax  or  duty  may 
be  imposed  on  such  Importation,  not  exceeding  ten 
dollars  for  each  Person. 

^The  Privilege  of  the  Writ  of  Habeas  Corpus 
shall  not  be  suspended,  unless  when  in  Cases  of 
Eebellion  or  Invasion  the  public  Safety  may  re- 
quire it. 

^No  Bill  of  Attainder  or  ex  post  facto  Law  shall 
be  passed. 

^No  Capitation,  or  other  direct,  tax  shall  be 
laid,  unless  in  Proportion  to  the  Census  or  Enu- 
meration herein  ])efore  directed  to  be  taken. 

^No  Tax  or  Duty  shall  be  laid  on  Articles  ex- 
ported from  any  State. 

'^Xo  Preference  shall  be  given  by  any  Regulation 
of  Commerce  or  licvenue  to  the  Ports  of  one 
State  over  those  of  anotlier;  nor  shall  Vessels 
bound  to,  or  from,  one  State,  be  obliged  to  enter, 
clear,  or  pay  Duties  in  anotlier. 


475  CONSTITUTION  OF  IT.   8.  Art.   I,    §    10 

"^No  Money  shall  be  drawn  from  the  Treasury, 
but  in  Consequence  of  Appropriations  made  by 
Law;  and  a  regular  Statement  and  Account  of 
the  Receipts  and  Expenditures  of  all  public  Money 
shall  be  pviblished  from  time  to  time. 

^No  Title  of  Nobility  shall  be  granted  by  the 
United  States:  and  no  Person  holding  any  Office 
of  Profit  or  Trust  under  them,  shall,  without  the 
Consent  of  the  Congress,  accept  of  any  present. 
Emolument,  Office,  or  Title,  of  any  kind  whatever, 
from  any  King,  Prince,  or  foreign  State. 

Section.  10.  ^No  State  shall  enter  into  any 
Treaty,  Alliance,  or  Confederation;  grant  Letters 
of  Marque  and  Reprisal;  coin  Money;  emit  Bills 
of  Credit;  make  any  Thing  but  gold  and  silver 
Coin  a  Tender  in  Payment  of  Debts;  pass  any 
Bill  of  Attainder,  ex  post  facto  Law,  or  Law  im- 
pairing the  Obligation  of  Contracts,  or  grant  any 
Title  of  Nobility. 

^No  State  shall,  without  the  Consent  of  the  Con- 
gress, lay  any  Imposts  or  Duties  on  Imports  or 
Exports,  except  what  may  be  absolutely  necessary 
for  executing  it's  inspection  Laws:  and  the  net 
Produce  of  all  Duties  and  Imposts,  laid  by  any 
State  on  Imports  or  Exports,  shall  be  for  the  Use 
of  the  Treasury  of  the  United  States;  and  all 
such  Laws  shall  be  subject  to  the  Revision  and 
Controul  of  the  Congress. 


Art.    II,    §    1  COXSTITUTION   OF   U.   S.  476 

^Xo  state  shall,  without  the  Consent  of  Con- 
erress,  lay  any  Duty  of  Tonnage,  keep  Troops,  or 
Ships  of  War  in  time  of  Peace,  enter  into  any 
Agreement  or  Compact  Avith  another  State,  or 
Avith  a  foreign  Power,  or  engage  in  War,  unless 
actually  invaded,  or  in  such  imminent  Danger  as 
will  not  admit  of  delay. 

AETICLE  II. 

Section".  1.  ^The  executive  Power  shall  he 
vested  in  a  President  of  the  United  States  of 
America.  He  shall  hold  his  Office  during  the 
Term  of  four  Years,  and,  together  with  the  Vice 
President,  chosen  for  the  same  Term,  be  elected, 
as  follows 

^Each  State  shall  appoint,  in  such  Manner  as 
the  Legislature  thereof  may  direct,  a  Number  of 
Electors,  equal  to  the  Avhole  number  of  Senators 
and  Eepresentatives  to  which  the  State  may  be 
entitled  in  the  Congress:  l)ut  no  Senator  or  Rep- 
resentative, or  Person  holding  an  Office  of  Trust 
or  Profit  under  the  United  States,  shall  be  ap- 
pointed an  Elector. 

^["The  electors  sliall  mci't  in  their  respective 
States,  and  vote  l)y  ballot  for  two  Persons,  of 
whom  one  at  least  shall  not  be  an  Inhabitant  of 
the  same  State  witli  themselves.  And  tbey  shall 
make  a  List  of  all  the  Persons  voted  for,  and  of 
the  Number  of  Votes  for  each;  which  List  they 


477  CONSTITUTION  OF  u.   s.  Art.   II,   §   1 

shall  sign  and  certify,  and  transmit  sealed  to  the 
Seat  of  the  Government  of  the  United  States, 
directed  to  the  President  of  the  Senate.  The 
,  President  of  the  Senate  shall,  in  the  Presence  of 
the  Senate  and  House  of  Eoprescntatives,  open  all 
the  Certificates,  and  the  Votes  shall  then  be 
counted.  The  Person  having  the  greatest  Number 
of  Votes  shall  be  the  President,  if  such  Kumber 
be  a  Majority  of  the  whole  Number  of  Electors 
'appointed;  and  if  there  be  more  than  one  who  have 
such  Majority,  and  have  an  equal  Number  of 
Votes,  then  the  House  of  Representatives  shall 
immediately  chnse  by  Ballot  one  of  them  for 
President ;  and  if  no  Person  have  a  Majority,  then 
from  the  five  highest  on  the  List  the  said  House 
shall  in  like  Manner  chuse  the  President.  But 
in  chusing  the  President,  the  A-^otes  shall  be  taken 
by  States,  the  Keprosentation  from  each  State 
having  one  Vote ;  A  quorum  for  this  Purpose  shall 
consist  of  a  Member  or  Members  from  two-thirds 
of  the  States,  and  a  Majority  of  all  the  States  shall 
be  necessary  to  a  Choice.  In  every  Case,  after 
the  Choice  of  the  President,  the  Person  having 
the  greatest  Number  of  Votes  of  the  Electors  shall 
be  the  Vice-President.  But  if  there  should  re- 
main two  or  more  who  have  equal  Votes,  the  Sen- 
ate shall  chuse  from  them  by  Ballot  the  Vice- 
President."] 

This  Clause  has  been  superseded  by  the  twelfth 
amendment,  p.  490. 


Art.    II,    §   1  CONSTITUTION  OF  u.   s.  478 

*The  Congress  may  determine  the  Time  of 
chusing  the  Electors,  and  the  Day  on  which  they 
shall  give  their  Votes;  which  Day  shall  be  the 
same  throughout  the  United  States. 

^No  Person,  except  a  natural  born  Citizen,  or  a 
Citizen  of  the  United  States,  at  the  time  of  the 
adoption  of  this  Constitution,  shall  be  eligible  to 
the  Office  of  President;  neither  shall  any  Person 
be  eligible  to  that  Office  who  shall  not  have  at- 
tained to  the  Age  of  thirty  five  Years,  and  been 
fourteen  Years  a  Resident  within  the  United 
States. 

^In  Case  of  the  Removal  of  the  President  from 
Office,  or  of  his  Death,  Resignation,  or  Inability 
to  discharge  the  Powers  and  Duties  of  the  said 
Office,  the  same  shall  devolve  on  the  Vice  Presi- 
dent, and  the  Congress  may  by  Law  provide  for 
the  Case  of  Removal,  Death,  Resignation,  or  Ina- 
bility, both  of  the  President  and  Vice  President, 
declaring  what  Officer  shall  then  act  as  President, 
and  such  Officer  shall  act  accordingly,  until  the 
Disability  be  removed,  or  a  President  shall  be 
elected. 

"^The  President  shall,  at  stated  Times,  receive 
for  his  Services,  a  Compensation,  which  shall 
neither  be  encreased  nor  diminished  during  the 
Period  for  which  he  shall  have  been  elected,  and 
he  shall  not  receive  within  that  Period  any  other 
Emolument  from  the  United  States,  or  any  of 
them. 


479  CONSTITUTiON  OF  u.  s.  Art.   II,   §  2 

^Before  he  enter  on  the  Execution  of  his  Office, 
he  shall  take  the  following  Oath  or  Affirmation : — 
"I  do  solemnly  swear  (or  affirm)  that  I  will  faith- 
fully execute  the  Office  of  President  of  the  United 
States,  and  will  to  the  best  of  my  Ability,  pre- 
serve, protect  and  defend  the  Constitution  of  the 
United  States." 

SECTioisr.  2.  ^The  President  shall  he  Com- 
mander in  Chief  of  the  Army  and  Navy  of  the 
.  United  States,  and  of  the  Militia  of  the  several 
States,  when  called  into  the  actual  Service  of  the 
United  States;  he  may  require  the  Opinion,  in 
writing,  of  the  principal  Officer  in  each  of  the 
executive  Departments,  upon  any  Subject  relating 
to  the  Duties  of  their  respective  Offices,  and  he 
shall  have  Power  to  grant  Eeprieves  and  Pardons 
for  Offences  against  the  United  States,  except  in 
Cases  of  Impeachment. 

^He  shall  have  Power,  by  and  with  the  Advice 
and  Consent  of  the  Senate,  to  make  Treaties, 
provided  two  thirds  of  the  Senators  present  con- 
cur; and  he  shall  nominate,  and  by  and  with  the 
Advice  and  Consent  of  the  Senate,  shall  appoint 
Ambassadors,  other  public  Ministers  and  Con- 
suls, Judges  of  the  supreme  Court,  and  all  other 
Officers  of  the  United  States,  whose  Appointments 
are  not  herein  otherwise  provided  for,  and  which 
shall  be  established  by  Law :  but  the  Congress  may 
by  Law  vest  the  Appointment  of  such  inferior  Of- 


Art.  Ill,  §  1  CONSTITUTION  OF  u.   s.  480 

ficers  as  they  think  proper,  in  the  President  alone, 
in  the  Courts  of  Law,  or  in  the  Heads  of  De- 
partments. 

^The  President  shall  have  Power  to  fill  np  all 
Vacancies  that  may  happen  during  the  Eecess  of 
the  Senate,  by  granting  Commissions  which  shall 
expire  at  the  End  of  their  next  Session. 

Section.  3.  He  shall  from  time  to  time  give 
to  the  Congress  Information  of  the  State  of  the 
Union,  and  recommend  to  their  Consideration  such 
Measures  as  he  shall  judge  necessary  and  ex- 
pedient; he  may,  on  extraordinary  Occasions,  con- 
vene both  Houses,  or  either  of  them,  and  in  Case 
of  Disagreement  between  them,  with  Eespect  to 
the  Time  of  Adjournment,  he  may  adjourn  them 
to  such  Time  as  he  shall  think  proper ;  he  shall 
receive  Ambassadors  and  other  public  Ministers; 
he  shall  take  Care  tliat  the  Laws  be  faithfully 
executed,  and  shall  Commission  all  Ihe  Officers 
of  the  L^nited   States. 

Section.  4.  The  President,  Vice  President 
and  all  civil  Officers  of  the  United  States,  shall 
be  removed  'from  Office  on  Impeachment  for,  and 
Conviction  of.  Treason,  Bribery,  or  other  high 
Crimes  and  Misdemeanors. 

ARTICLE  TIL 

Secttox.  1.  Tlie  judicial  Power  of  the  United 
States,  shall  be  vested  in  one  supreme  Court,  and 


481  CONSTITUTION   OF   U.    S.  Aft.    Ill,    §    2 

in  such  inferior  Courts  as  the  Congress  may  from 
time  to  time  ordain  and  establish.  The  Judges, 
both  of  the  supreme  and  inferior  Courts,  shall 
hold  their  Offices  during  good  Behaviour,  and 
shall,  at  stated  Times,  receive  for  their  Services, 
a  Compensation,  which  shall  not  be  diminished 
during  their  Continuance  in  Office. 

Section.  2.  ^The  judicial  Power  shall  extend 
to  all  Cases,  in  Law  and  Equity,  arising  under 
this  Constitution,  the  Laws  of  the  United  States, 
and  Treaties  made,  or  which  shall  be  made,  un- 
der their  Authority; — to  all  Cases  affecting 
Ambassadors,  other  public  Ministers  and  Consuls; 
— to  all  Cases  of  admiralty  and  maritime  Ju- 
risdiction;— to  Controversies  to  which  the  United 
States  shall  be  a  Party ; — to  Controversies  between 
two  or  more  States  ;^between  a  State  and  Citi- 
zens of  another  State ; — between  Citizens  of  differ- 
ent States, — between  Citizens  of  the  same  State 
claiming  Lands  under  Grants  of  different  States, 
and  between  a  State,  or  the  Citizens  thereof,  and 
foreign  States,  Citizens  or  Subjects. 

'In  all  Cases  affecting  Ambassadors,  other  pub- 
lic Ministers  and  Consuls,  and  those  in  which  a 
State  shall  be  Party,  the  supreme  Court  shall 
have  original  Jurisdiction.  In  all  the  other  Cases 
before  mentioned,  the  supreme  Court  shall  have 
appellate  Jurisdiction,  both  as  to  Law  and  Fact, 
with  such  Exceptions,  and  under  such  Eegulations 
as  the  Congress  shall  make. 

Constitution— 41 


Art.  lA^,  §§  1,  2     CONSTITUTION  OF  u.  s.  482 

^The  Trial  of  all  Crimes,  except  in  Cases  of 
Impeachment,  shall  be  by  Jury;  and  such  Trial 
shall  be  held  in  the  State  where  the  said  Crimes 
shall  have  been  committed;  but  when  not  com- 
mitted within  any  State,  the  Trial  shall  be  at 
such  Place  or  Places  as  the  Congress  may  by 
Law  have  directed. 

Section.  3.  ^Treason  against  the  United 
States,  shall  consist  only  in  levying  War  against 
them,  or  in  adhering  to  their  Enemies,  giving  them 
Aid  and  Comfort.  No  Person  shall  be  convicted 
of  Treason  unless  on  the  Testimony  of  two  Wit- 
nesses to  the  same  overt  Act,  or  on  Confession  in 
open  Court. 

^The  Congress  shall  have  Power  to  declare  the 
Punishment  of  Treason,  but  no  Attainder  of  Trea- 
son shall  work  Corruption  of  Blood,  or  Forfeiture 
except  during  the  Life  of  the  Person  attainted. 

ARTICLE  IV. 

Section.  1.  Full  Faith  and  Credit  shall  be 
given  in  each  State  to  the  public  Acts,  Records, 
and  judicial  Proceedings  of  every  other  State. 
And  the  Congress  may  by  general  Laws  prescribe 
the  Manner  in  which  such  Acts,  Records  and  Pro- 
ceedings shall  be  proved,  and  the  Effect  thereof. 

Section.  2.  ^The  Citizens  of  each  State  shall 
be  entitled  to  all  Privileges  and  Immunities  of 
Citizens  in  the  several  States. 


483  CONSTITUTION   OF  U.   8.      Art.   IV,   §§   3,  4 

^A  Person  charged  in  any  State  witli  Treason, 
Felony,  or  other  Crime,  who  shall  flee  from  Jus- 
tice, and  be  found  in  another  State,  shall  on  De- 
mand of  the  executive  Authority  of  the  State  from 
which  he  fled,  be  delivered  up  to  be  removed  to 
the  State  having  Jurisdiction  of  the  Crime. 

^No  Person  held  to  Service  or  Labour  in  one 
State,  under  the  Laws  thereof,  escaping  into  an- 
other, shall,  in  Consequence  of  any  Law  or  Eegu- 
lation  therein,  be  discharged  from  such  Service 
or  Labour,  but  shall  be  delivered  up  on  Claim 
of  the  Party  to  whom  such  Service  or  Labour  may 
be  due. 

Section.  3.  ^ISTew  States  may  be  admitted  by 
the  Congress  into  this  Union;  but  no  new  State 
shall  be  formed  or  erected  within  the  Jurisdiction 
of  any  other  State;  nor  any  State  be  formed  by 
the  Junction  of  two  or  more  States,  or  Parts  of 
States,  without  the  Consent  of  the  Legislatures  of 
the  States  concerned  as  well  as  of  the  Congress. 

^Tlie  Congress  shall  have  Power  to  dispose  of 
and  make  all  needful  Eules  and  Eegulations  re- 
specting the  Territory  or  other  Property  belonging 
to  the  United  States;  and  nothing  in  this  Con- 
stitution shall  be  so  construed  as  to  Prejudice  any 
Claims  of  the  United  States,  or  of  any  particular 
State. 

Section.  4.  The  United  States  shall  guarantee 
to  every  State  in  this  Union  a  Eepublican  Form 


Arts.  V,  YI       coxsTiTUTiox  OF  u.  s.  4S4 

of  Government,  and  shall  protect  each  of  them 
against  Invasion;  and  on  Application  of  the 
Legislatilre,  or  of  the  Executive  (when  the  Legis- 
lature cannot  be  convened)  against  domestic  Vio- 
lence. 

ARTICLE  V. 

The  Congress,  whenever  two  thirds  of  both 
Houses  shall  deem  it  necessary,  shall  propose 
Amendments  to  this  Constitution,  or,  on  the  Ap- 
plication of  the  Legislatures  of  two  thirds  of  the 
several  States,  shall  call  a  Convention  for  propos- 
ing Amendments,  which,  in  either  Case,  shall  be 
valid  to  all  Intents  and  Purposes,  as  Part  of  this 
Constitution,  when  ratified  by  the  Legisla4:ures  of 
three  fourths  of  the  several  States,  or  by  Conven- 
tions in  three  fourths  thereof,  as  the  one  or  the 
other  Mode  of  Ratification  may  be  proposed  by  the 
Congress;  Provided  that  no  Amendment  whicli 
may  be  made  prior  to  the  Year  One  thousand  eight 
hundred  and  eight  shall  in  any  ]\Ianncr  ail'ect  the 
first  and  fourth  Clauses  in  the  Ninth  Section  of 
the  first  Article;  and  that  no  State,  without  its 
Consent,  shall  be  deprived  of  its  equal  Suffrage  in 
the  Senate. 

ARTICLE  VL 

^All  Debts  contracted  and  Engagements  entered 
into,  before  ibe  A(loi)iion  of  Ibis  Constitution, 
shall  be  as  valid  agair.st  the  United  States  under 
this  Constitution,  as  under  the  Confederation. 


4S5  CONSTITUTION  OF  u.   s.  Art.   VII 

2Tliis  Constitution,  and  the  Laws  of  the  United 
States  which  shall  be  made  in  Pursuance  thereof; 
and  all  Treaties  made,  or  which  shall  be  made, 
under  the  Authority  of  the  United  States,  shall 
be  the  supreme  Law  of  the  Land;  and  the  Judges 
in  every  State  shall  be  bound  thereby,  any  Thing 
in  the  Constitution  or  Laws  of  any  State  to  the 
Contrary  notwithstanding. 

^The  Senators  and  Eepresentatives  before  men- 
tioned, and  the  Members  of  the  several  State  Legis- 
latures, and  all  executive  and  judicial  Officers, 
both  of  the  United  States  and  of  the  several 
States,  shall  be  bound  by  Oath  or  Affirmation,  to 
support  this  Constitution;  but  no  religious  Test 
shall  ever  be  required  as  a  Qualification  to  any 
Office  or  public  Trust  under  the  United  States. 

AETICLE  VIL 

The  Eatification  of  the  Conventions  of  nine 
States,  shall  be  sufficient  for  the  establishment  of 
this  Constitution  between  the  States  so  ratifying 
the  Same. 

Done  in  Convention  by  the  Unanimous  Consent 
of  the  States  present  the  Seventeenth  Day  of 
September  in  the  Year  of  our  Lord  one  thou- 
sand seven  hundred  and  Eighty  seven,  and  of 
the  Independance  of  the  United  States  of 
America  the  Twelfth.  In  Witness  whereof  We 
have   hereunto   subscribed   our  ISTames, 

G°  :  WASIIINGTOX— 
Presidt.  and  Dcpuir  from  Virginia 


Signers  constitutiox  of  u.  s.  4S6 

New  Hampshire. 
John  Langdon  Nicholas  Gilman 

Massachusetts. 
Nathaniel  Gorham  Eufus  King 

Connecticut. 
Wm.  Saml.  Johnson         Eoger  Sherman 

New  York. 
Alexander  Hamilton 

New  Jersey. 

Wil  :  Livingston  Wm.  Patorson. 

David  Brearley  Jona  :  Dayton 

Pennsylvania. 

B.  Franklin  Thos.  Fitzsimons 

Thomas  Mifflin  Jared  Ingersoll 

Robt.  Morris  James  Wilson 

Geo.  Clymer  Gouv  Morris 

Delaware. 

Geo  :  Ecad  Eichard  Bassctt 

Gunning  Bedford  Jun  Jaco  :  Broom 
John  Dickinson 

Maryland. 

James  l\TeTTenTy  Danl.  Carroll 

Dan  of  St  Thos  Jenifer 


487  CONSTITUTION  OF  u.  s.         Ameiidm.,  Art.  I 

Virginia. 
John  Blair —  James  Madison  Jr. 

North  Carolina. 

Wm.  Bloimt  Hu  Williamson 

Richd.  Dobbs  Spaight 

South  Carolina. 

J.  Eutledge  Charles  Pinckney 

Pierce  Butler 
Charles  Cotesworth.  Pinckney    . 

Georgia. 
William  Few  Abr   Baldwin 

Attest  WILLIAM  JACKSON  Secretary 


ARTICLES  IN  ADDITION  TO,  AND  AMENDMENT  OF, 
THE  CONSTITUTION  OF  THE  UNITED  STATES  OF 
AMERICA,  PROPOSED  BY  CONGRESS,  AND  RATIFIED 
BY  THE  LEGISLATURES  OF  THE  SEVERAL  STATES 
PURSUANT  TO  THE  FIFTH  ARTICLE  OF  THE  ORIG- 
INAL CONSTITUTION. 

[AETICLE  L] 

Congress  shall  make  no  law  respecting  an  es- 
tablishment of  religion,  or  prohibiting  the  free 
exercise  thereof;  or  abridging  the  freedom  of 
speech,  or  of  the  press;  or  the  right  of  the  people 


Amendm.,  Arts.  11- V  coisstitution  of  u.  s.      4S8 

peaceably  to  assemble,  and  to  petition  the  Govern- 
ment for  a  redress  of  grievances. 

[AETICLE  II.] 

A  well  regulated  Militia,  being  necessary  to  the 
security  of  a  free  State,  the  right  of  the  people  to 
keep  and  bear  Arms,  shall  not  be  infringed. 

[AETICLE  III.] 

No  Soldier  shall,  in  time  of  peace  be  quartered 
in  any  house,  without  the  consent  of  the  Owner, 
nor  in  time  of  war,  but  in  a  manner  to  be  pre- 
scribed by  law, 

[AETICLE  lY.] 

The  right  of  the  people  to  be  secure  in  their 
persons,  houses,  papers,  and  effects,  against  unrea- 
sonable searches  and  seizures,  shall  not  be  viohitod, 
and  no  Wan'ants  shall  issue,  but  upon  probable 
cause,  supported  by  Oath  or  allirmation,  and  par- 
ticularly describing  the  place  to  be  searched,  and 
the  persons  or  things  to  be  seized. 

[AETICLE  v.] 

No  person  shall  be  held  io  answer  for  a  cnjiilal, 
or  otbcrwisc  infamous  crime,  unless  on  a  present- 
ment or  indict nicnt  of  a  (^irand  Jury,  except  in 
cases  arising  in  the  land  or  naval  forces,  or  in  the 
INIililia,   wlicn    in   actual   service  in  time  of  War 


489       CONSTITUTION  OF  u.  s.     Aiueudm.,  Arts.  VI,  VII 

or  public  danger;  nor  shall  any  person  be  sub- 
ject for  the  same  offense  to  be  twice  put  in 
jeopardy  of  life  or  limb ;  nor  shall  be  compelled  in 
any  Criminal  Case  to  be  a  witness  agains.t  himself, 
nor  be  deprived  of  life,  liberty,  or  property,  with- 
out due  process  of  law;  nor  shall  private  property 
be  taken  for  public  use,  without  just  compensation. 

[ARTICLE  VI.] 

In  all  criminal  prosecutions,  the  accused  shall 
enjoy  the  right  to  a  speedy  and  public  trial,  by  an 
impartial  jury  of  the  State  and  district  wherein 
the  crime  shall  have  been  committed,  which  dis- 
trict shall  have  been  previously  ascertained  by  law, 
and  to  be  informed  of  the  nature  and  cause  of  the 
accusation;  to  be  confronted  with  the  witnesses 
against  him;  to  have  compulsory  process  for  ob- 
taining Witnesses  in  his  favor,  and  to  have  the 
Assistance  of  Counsel  for  his  defense. 

[ARTICLE  VII.] 

In  suits  at  common  law,  where  the  value  in 
controversy  shall  exceed  twenty  dollars,  the  right 
of  trial  by  jury  shall  be  preserved, and  no  fact  tried 
by  a  jury  shall  be  otherwise  re-examined  in  any 
Court  of  the  United  States,  than  according  to  the 
rules  of  the  connnon  law. 


Amendm.  Arts.  VIII-XII  constitution  of  u.  s,      41)0 

[AETICLE  VIII.] 

Excessive  bail  shall  not  be  required,  nor  exces- 
sive fines  imposed,  nor  cruel  and  unusual  punish- 
ments inflicted. 

[AETICLE  IX.] 

The  enumeration  in  the  Constitution,  of  certain 
rights,  shall  not  be  construed  to  deny  or  dis- 
parage others  retained  by  the  people. 

[ARTICLE  X.] 

Tlie  powers  not  delegated  to  the  United  States 
by  the  Constitution,  nor  prohibited  by  it  to  the 
States,  are  reserved  to  the  States  respectively,  or 
to  the  people. 

[ARTICLE  XL] 

The  Judicial  power  of  the  United  States  shall 
not  be  construed  to  extend  to  any  suit  in  law  or 
equity,  commenced  or  prosecuted  against  one  of 
the  United  States  by  Citizens  of  anotber  State, 
or  by  Citizens  or  Subjects  of  any  Foreign  State. 

[ARTICLE  XIL] 

The  Electors  shall  meet  in  their  respective  states, 
and  vote  by  ballot  for  President  and  Vice-Presi- 
dent, one  of  whom,  at  least,  shall  not  be  an  in- 
habitant of  the  same  state  with  themselves;  they 
shall  name  in  their  ballots  the  person  voted  for 


491  CONSTITUTION  OF  u.  s.     Ameudm.,  Art.  XII 

as  President,  and  in  distinct  ballots  the  person 
voted  for  as  Vice-President,  and  they  shall  make 
distinct  lists  of  all  persons  voted  for  as  President, 
and  of  all  persons  voted  for  as  Vice-President, 
and  of  the  number  of  votes  for  each,  which  lists 
they  shall  sign  and  certify,  and  transmit  sealed 
to  the  seat  of  the  government  of  the  United  States, 
directed  to  the  President  of  the  Senate; — The 
President  of  the  Senate  shall,  in  the  presence  of 
the  Senate  and  House  of  Eepresentatives,  open  all 
the  certificates  and  the  votes  shall  then  be  counted ; 
— The  person  having  the  greatest  number  of  votes 
for  President,  shall  be  the  President,  if  such  num- 
ber be  a  majority  of  the  whole  number  of  Electors 
appointed;  and  if  no  person  have  such  majority, 
then  from  the  perso'ns  having  the  highest  numbers 
not  exceeding  three  on  the  list  of  those  voted  for 
as  President,  the  House  of  Representatives  shall 
choose  immediately,  by  ballot,  the  President.  But 
in  choosing  the  President,  the  votes  shall  be  taken 
by  states,  the  representation  from  each  state  hav- 
ing one  vote ;  a  quorum  for  this  purpose  shall  con- 
sist of  a  member  or  members  from  two-thirds  of 
the  states,  and  a  majority  of  all  the  states  shall  be 
necessary  to  a  choice.  And  if  the  House  of  Eep- 
resentatives shall  not  choose  a  President  whenever 
the  right  of  choice  shall  devolve  upon  them,  be- 
fore the  fourth  day  of  March  next  following,  then 
the  Vice-President  shall  act  as  President,  as  in 
the  case  of  the  death  or  other  constitutional  dis- 


Amendm.,  Arts.  XIII,  XIV  constitution  of  u.  s.     492 

ability  of  the  President.  The  person  having  the 
greatest  number  of  votes  as  Vice-President,  shall 
be  the  Vice-President,  if  such  number  be  a  ma- 
jority of  the  whole  number  of  Electors  appointed, 
and  if  no  person  have  a  majority,  then  from  the 
two  highest  numbers  on  the  list,  the  Senate  shall 
choose  the  Vice-President;  a  quorum  for  the  pur- 
pose shall  consist  of  two-thirds  of  the  whole  num- 
ber of  Senators,  and  a  majority  of  the  whole  num- 
ber shall  be  necessary  to  a  choice.  But  no  person 
constitutionally  ineligible  to  the  office  of  Presi- 
dent shall  be  eligible  to  that  of  Vice-President  of 
the  United  States. 

AETICLE  XIII. 

Section  1.  Xeither  slavery  nor  involuntary 
servitude,  except  as  a  punishment  for  crime  where- 
of the  party  shall  have  been  duly  convicted,  shall 
exist  within  the  United  States,  or  any  place  sub- 
ject to   their  jurisdiction. 

Section  2.  Congress  shall  have  power  to  en- 
force this  article  by  appropriate  legislation. 

ARTICLE  XIV. 

Section  1.  All  persons  born  or  naturalized  in 
the  United  States,  and  su])ject  to  Ibe  jurisdiction 
thereof,  are  citizens  of  Ibe  United  States  and  of 
the  State  wherein  lliey  reside.  No  State  sball 
make  or  enforce  any  law  which  sliall  abridge  the 


493  CONSTITXTTION  OF  u.  s.     Aiiiendm.,  Art.  XIV 

privileges  or  immunities  of  citizens  of  the  United 
States;  nor  shall  any  State  deprive  any  person  of 
life,  liherty,  or  propert}^  without  due  process  of 
law;  nor  deny  to  any  person  within  its  jurisdic- 
tion the  equal  protection  of  the  laws. 

Section  3.  Eepresentatives  shall  be  appor- 
tioned among  the  several  States  according  to  their 
respective  numbers,  counting  the  whole  number  of 
persons  in  each  State,  excluding  Indians  not  taxed. 
But  when  the  right  to  vote  at  any  election  for  the 
choice  of  electors  for  President  and  Vice-President 
of  the  United  States,  Representatives  in  Congress, 
the  Executive  and  Judicial  officers  of  a  State,  or 
the  members  of  the  Legislature  thereof,  is  denied 
to  any  of  the  male  inhabitants  of  such  State,  being 
twenty-one  years  of  age,  and  citizens  of  the  United 
States,  or  in  any  way  abridged,  except  for  par- 
ticipation in  rebellion,  or  other  crime,  the  basis 
of  representation  therein  shall  be  reduced  in  the 
proportion  which  the  number  of  such  male  citizens 
shall  bear  to  the  whole  number  of  luale  citizens 
twenty-one  years  of  age  in  such  State. 

Section  3.  No  person  shall  be  a  Senator  or 
Eepresentative  in  Congress,  or  elector  of  Presi- 
dent and  Vice-President,  or  hold  any  office,  civil 
or  military,  under  the  United  States,  or  under 
any  State,  who,  having  previously  taken  an  oath, 
as  a  member  of  Congress,  or  as  an  officer  of  the 
United  States,  or  as  a  member  of  any  State  legis- 

Constitution— 42 


Amendm.,  Art.  XV    constitution  of  u,  s.  494 

lature,  or  as  an  executive  or  judicial  officer  of 
any  State,  to  support  the  Constitution  of  the 
United  States,  shall  have  engaged  in  insurrection 
or  rebellion  against  the  same,  or  given  aid  or 
comfort  to  the  enemies  thereof.  But  Congress 
may  by  a  vote  of  two-thirds  of  each  House,  re- 
move such  disability. 

Section  4.  The  validity  of  the  public  debt  of 
the  United  States,  authorized  by  law,  including 
debts  incurred  for  paj^ment  of  pensions  and  boun- 
ties for  services  in  suppressing  insurrection  or  re- 
bellion, shall  not  be  questioned.  But  neither  the 
United  States  nor  any  State  shall  assume  or  pay 
any  debt  or  obligation  incurred  in  aid  of  insurrec- 
tion or  rebellion  against  the  United  States,  or  any 
claim  for  the  loss  or  emancipation  of  any  slave; 
but  all  such  debts,  obligations  and  claims  shall  be 
held  illegal  and  void. 

Section  5.  The  Congress  shall  have  power  to 
enforce,  by  appropriate  legislation,  the  provisions 
of  this  article. 

ARTICLE  XV. 

Section  1.  Tlie  right  of  citizens  of  the  United 
States  to  vote  shall  not  be  denied  or  abridged  by 
the  United  States,  or  by  any  State  on  account  of 
race,  color,  or  previous  condition  of  servitude. 

Section  2.  Tlic  Congress  shall  have  power  to 
enforce  this  article  by  appropriate  legislation. 


TREATY   OF   PEACE,   FRIENDSHIP, 
LIMITS,  AND   SETTLEMENT, 

BETWEEN    THE    UNITED    STATES    OF    AMERICA    AND 
THE    MEXICAN    KEPUBLIO. 

Dated  at  Guadalupe  Hidalgo,  2d  February,  1848. 
Exchanged  at  Queretaro,  30th  May,  1848. 
Ratified  by  the  President  U.  S.,  16th  March,  1848. 
Proclaimed  by  the  President  U.  S.,  4th  July,  1848. 


BY   THE   PRESIDENT    OF   THE   UNITED 
STATES  OF  AMERICA. 

A  PROCLAMATION. 

Wnereas  a  Treaty  of  Peace,  Friendship,  Limits, 
and  Settlement,  between  the  United  States  of 
America  and  the  Mexican  Republic,  was  concluded 
and  signed  at  the  city  of  Guadalupe  Hidalgo,  on 
the  second  day  of  February,  one  thousand  eight 
hundred  and  forty-eight, which  Treaty,  as  amended 
by  the  senate  of  the  United  States,  and  being  in 
the  English  and  Spanish  languages,  is  word  for 
word  as  follows: 

(495) 


Art.  I  TREATY   OF   GUADALUPE   HIDALGO.  498 

In  the  Name  of  Almighty  God:  , 

The  United  States  of  America  and  the  United 
Mexican  States,  animated  by  a  sincere  desire  to 
put  an  end  to  the  cahimities  of  the  war  which  un- 
happily exists  between  the  two  Eepublics,  and  to 
establish  upon  a  solid  basis  relations  of  peace  and 
friendship,  which  shall  confer  reciprocal  benefits 
upon  the  citizens  of  both,  and  assure  the  concord, 
harmony,  and  mutual  confidence,  wherein  the  two 
people  should  live,  as  good  neighbors,  have  for 
that  purpose  appointed  their  respective  plenipoten- 
tiaries— that  is  to  say,  the  President  of  the  United 
States  has  appointed  Nicholas  P.  Trist,  a  citizen 
of  the  United  States,  and  the  President  of  the 
Mexican  Eepublic  has  appointed  Don  Luis  Gon- 
zaga  Cuevas,  Don  Bernardo  Couto,  and  Don 
Miguel  Atristain,  citizens  of  the  said  Eepublic, 
who,  after  a  reciprocal  communication  of  their 
respective  full  powers,  have,  under  the  protection 
of  Almighty  God,  the  author  of  peace,  arranged, 
agreed  upon,  and  signed  the  following: 

Treaty  of  Peace,  Friendship,  Limits,  and  Settle- 
ment, hetwecn  the  United  States  of  America  and 
the  Mexican  Jxepnhlic. 

ARTICLE  L 

There  shall  be  firm  and  universal  peace  l)etwoen 
the  United  States  of  America  and  the  Mexican  Ee- 
public,   and    between    their    resj)ective    countries, 


497  TRE-ATY   OF   GUADALUPE   HIDALGO.      Al'tS.  II,  III 

territories,  cities,  towns,  and  people,  without  ex- 
ception of  places  or  persons. 

ARTICLE  11. 

Immediately  upon  the  signature  of  this  Treaty, 
a  convention  shall  be  entered  into  between  a 
commissioner  or  commissioners  appointed  by  the 
General-in-Chief  of  the  forces  of  the  United 
States,  and  such  as  may  be  appointed  by  the  Mex- 
ican government,  to  the  end  that  a  provisional  sus- 
pension of  hostilities  shall  take  place,  and  that, 
in  the  places  occupied  by  the  said  forces,  constitu- 
tional order  may  be  re-established,  as  regards  the 
political,  administrative,  and  judicial  branches,  so 
far  as  this  shall  be  permitted  by  the  circum- 
stances of  military  occupation. 

ARTICLE  IIL 

Immediately  upon  the  ratification  of  the  pres- 
ent Treaty  by  the  government  of  the  United 
States,  orders  shall  be  transmitted  to  the  com- 
manders of  their  land  and  naval  forces,  requir- 
ing the  latter  (provided  this  Treaty  shall  then 
have  been  ratified  by  the  government  of  the  Mexi- 
can Republic,  and  the  ratifications  exchanged)  im- 
mediately to  desist  from  blockading  any  Mexican 
ports;  and  requiring  the  former  (under  the  same 
condition)  to  commence,  at  the  earliest  moment 
practicable,  withdrawing  all  troops  of  the  United 
States  then  in  the  interior  of  the  Mexican  Re- 


Art.  Ill        TREATY   OF   GUADALUPE   HIDALGO.  49? 

public,  to  points  that  shall  be  selected  by  common 
agreement,  at  a  distance  from  the  seaports  not 
exceeding  thirty  leagues;  and  such  evacuation  of 
the  interior  of  the  Republic  shall  be  completed 
with  the  least  possible  delay ;  the  l\Iexican  govern- 
ment hereby  binding  itself  to  afford  every  facility 
in  its  power  for  rendering  the  same  convenient 
to  the  troops,  on  their  march  and  in  their  new 
positions,  and  for  promoting  a  good  understand- 
ing between  them  and  the  inhabitants.  In  like 
manner,  orders  shall  be  despatched  to  the  per- 
sons in  charge  of  the  custom-houses  at  all  ports 
occupied  by  the  forces  of  the  United  States,  re- 
quiring them  (under  the  same  condition)  immedi- 
ately to  deliver  possession  of  the  same  to  the  per- 
sons authorized  by  the  Mexican  government  to  re- 
ceive it,  together  with  all  bonds  and  evidences  of 
debt  for  duties  on  importations  and  on  exporta- 
tions,  not  yet  fallen  due.  Moreover,  a  faithful 
and  exact  account  shall  be  made  out,  showing 
the  entire  amount  of  all  duties  on  imports  and  on 
exports,  collected  at  such  custom-houses,  or  else- 
where in  Mexico,  by  authority  of  the  United 
States,  from  and  after  the  day  of  the  ratification 
of  this  Treaty  by  the  government  of  the  Mexican 
Republic;  and  also  an  account  of  the  cost  of  col- 
lection; and  such  entire  amount,  deducting  only 
the  cost  of  collection,  sliall  be  delivered  to  the 
Mexican  government,  at  tlie  city  of  Mexico,  within 
three  months  after  the  exchange  of  ratifications. 


499  TREATY   OF   GUADALUPE   HIDALGO.        Art.  IV 

The  evacuation  of  the  capital  of  the  Mexican 
Eepublic  by  the  troops  of  the  United  States,  in 
virtue  of  the  above  stipulation,  shall  be  completed 
in  one  month  after  the  orders  there  stipulated  for 
shall  have  been  received  by  the  commander  of  said 
troops,  or  sooner  if  possible. 

ARTICLE  IV. 

Immediately  after  the  exchange  of  ratifications 
of  the  present  Treaty,  all  castles,  forts,  territories, 
places,  and  possessions,  which  have  been  taken  or 
occupied  by  the  forces  of  the  United  States  during 
the  present  war,  within  the  limits  of  the  Mexican 
Republic,  as  about  to  be  established  by  fhe  follow- 
ing article,  shall  be  definitively  restored  to  the 
said  republic,  together  with  all  the  artillery,  arms, 
apparatus  of  war,  munitions,  and  other  public 
property,  which  were  in  the  said  castles  and  forts 
when  captured,  and  which  shall  remain  there  at 
the  time  when  this  Treaty  shall  be  duly  ratified 
by  the  government  of  the  Mexican  Republic.  To 
this  end,  immediately  upon  the  signature  of  this 
Treaty,  orders  shall  be  despatched  to  the  American 
officers  commanding  such  castles  and  forts,  se- 
curing against  the  removal  or  destruction  of  any 
such  artillery,  arms,  apparatus  of  war,  munitions, 
or  other  public  property.  The  city  of  Mexico, 
within  the  inner  line  of  intrenchments  surround- 
ing the  said  city,  is  comprehended  in  the  above 


Art.  IV        TREATY   OF   GUADALUPE   HIDALGO.  500 

stipulations,  as  regards  the  restoration  of  artillery, 
apparatus  of  war,  etc. 

The  final  evacuation  of  the  territory  of  the 
Mexican  Eepublic,  by  the  forces  of  the  United 
States,  shall  be  completed  in  three  months  from 
the  said  exchange  of  ratifications,  or  sooner  if 
possible :  the  Mexican  government  hereby  engag- 
ling,  as  in  the  foregoing  article,  to  use  all  means 
in  its  power  for  facilitating  such  evacuation,  and 
rendering  it  convenient  to  the  troops,  and  for 
promoting  a  good  understanding  between  them  and 
the  inhabitants. 

If,  however,  the  ratification  of  this  Treaty  by 
both  parties  should  not  take  place  in  time  to  allow 
the  embarcation  of  the  troops  of  the  United  States 
to  be  completed  before  the  commencement  of  the 
sickly  season,  at  the  Mexican  ports  on  the  Gulf 
of  iVEexico,  in  such  case  a  friendly  arrangement 
shall  be  entered  into  between  the  General-in-Chief 
of  the  said  troops  and  the  Mexican  government, 
whereby  healthy  and  otlierwise  suitable  places,  at 
a  distance  from  the  ports  not  exceeding  thirty 
leagues,  shall  be  designated  for  the  residence  of 
such  troops  as  may  not  yet  have  embarked,  until 
the  return  of  the  liealthy  season.  And  the  space 
of  time  here  referred  to  as  comprehending  the  sick- 
ly season,  shall  be  understood  to  extend  from  the 
first  day  of  May  to  the  first  day  of  November. 

All  prisoners  of  war  taken  on  either  side,  on 
land  or  on  sea,  shall  be  restored  as  soon  as  prac- 


501  TKEATY    OF   GUADALUPE   HIDALGO.        Art.   V 

ticable  after  the  exchange  of  ratifications  of  this 
Treaty.  It  is  also  agreed  that  if  any  Mexicans 
should  now  be  held  as  captives  by  any  savage  tribe 
within  the  limits  of  the  United  States,  as  about 
to  be  established  by  the  following  article,  the  gov- 
ernment of  the  said  United  States  will  exact  the 
release  of  such  captives,  and  cause  them  to  be 
restored  to  their  country. 

AETIGLE  V. 

The  boundary  line  between  the  two  republics 
shall  commence  in  the  Gulf  of  Mexico,  three 
leagues  from  land,  opposite  the  mouth  of  the  Rio 
Grande,  otherwise  called  Eio  Bravo  del  Norte, 
or  opposite  the  mouth  of  its  deepest  branch,  if  it 
should  have  more  than  one  branch  emptying  di- 
rectly into  the  sea;  from  thence  up  the  middle  of 
that  river,  following  the  deepest  channel,  where  it 
has  more  than  one,  to  the  point  where  it  strikes 
the  southern  boundary  of  New  Mexico;  thence, 
westwardh',  along  the  whole  southern  boundary  of 
New  Mexico  (which  runs  north  of  the  town  called 
Paso)  to  its  western  termination;  thence,  north- 
ward, along  the  western  line  of  New  Mexico,  un- 
til it  intersects  the  first  branch  of  the  river  Gila 
(or  if  it  should  not  intersect  any  branch  of  that 
river,  then  to  the  point  on  the  said  line  nearest 
to  such  branch,  and  thence  in  a  direct  line  to  the 
same)  ;  thence  down  the  middle  of  the  said  branch 


Art.  V  TKEATY   OF   GUADALUPE   HIDALGO.  502 

and  of  the  said  river,  until  it  empties  into  the 
Eio  Colorado;  thence  across  the  Eio  Colorado, 
following  the  division  line  between  Upper  and 
Lower  California,  to  the  Pacific  Ocean. 

The  southern  and  western  limits  of  New  Mexi- 
co, mentioned  in  this  article,  are  those  laid  down 
in  the  map  entitled  "Map  of  the  United  Mexican 
States,  as  organized  and  defined  by  various  Acts 
of  the  Congress  of  said  Eepublic,  and  constructed 
according  to  the  best  Authorities.  Revised  edi- 
tion. Published  at  New  York,  in  1847,  by  J. 
Disturnell."  Of  which  map  a  copy  is  added  to 
this  Treaty,  bearing  the  signatures  and  seals  of  the 
undersigned  plenipotentiaries.  And,  in  order  to 
preclude  all  difficulty  in  tracing  upon  the  ground 
the  limit  separating  Upper  from  Lower  California, 
it  is  agi'eed  that  the  said  limit  shall  consist  of  a 
straight  line  drawn  from  the  middle  of  the  Eio 
Gila,  where  it  unites  with  the  Colorado,  to  a  point 
on  the  coast  of  the  Pacific  Ocean  distant  one 
marine  league  due  south  of  the  southernmost 
point  of  the  port  of  San  Diego,  according  to  the 
plan  of  said  port  made  in  the  year  1783  by  Don 
Juan  Pantoja,  second  sailing-master  of  the  Span- 
ish fleet,  and  publisliod  at  Madrid  in  tlie  year 
1802,  in  the  Atlas  to  the  voyage  of  the  schooners 
Sutil  and  Mexicana,  of  which  plan  a  copy  is  here- 
unto added,  signed  and  sealed  by  tlie  respective 
plenipotentiaries. 


503  TREATY   OF   GUADALUPE   HIDALGO.        Art.  VI 

In  order  to  designate  the  boundary  line  with 
due  precision,  upon  authoritative  maps,  and  to  es- 
tablish upon  the  ground  landmarks  which  shall 
show  the  limits  of  both  republics,  as  described  in 
the  present  article,  the  two  governments  shall  each 
appoint  a  commissioner  and  a  surveyor,  who,  be- 
fore the  expiration  of  one  year  from  the  date  of 
the  exchange  of  ratifications  of  this  treaty,  shall 
meet  at  the  port  of  San  Diego,  and  proceed  to  run 
and  mark  the  said  boundary  in  its  whole  course 
to  the  mouth  of  the  Eio  Bravo  del  Norte.  They 
shall  keep  journals  and  make  out  plans  of  their 
operations;  and  the  result  agreed  upon  by  them 
shall  be  deemed  a  part  of  this  Treaty,  and  shall 
have  the  same  force  as  if  it  were  inserted  therein. 
The  two  governments  will  amicably  agree  regard- 
ing what  may  be  necessary  to  these  persons,  and 
also  as  to  their  respective  escorts,  should  such  be 
necessary. 

The  boundary  line  established  by  this  article 
shall  be  religiously  respected  by  each  of  the  two 
republics,  and  no  change  shall  ever  be  made  there- 
in, except  by  the  express  and  free  consent  of  both 
nations,  lawfully  given  by  the  general  government 
of  each,  in  conformity  with  its  own  constitution. 

ARTICLE  VI. 

The  vessels  and  citizens  of  the  United  States 
shall,  in  all  time,  have  a  free  and  uninterrupted 
passage  by  the  Gulf  of  California,  and  by  the 


Art.  Vll      TREATY   OF   GUADALUPE   HIDALGO.  504 

river  Colorado  below  its  confluence  with  the  Gila, 
to  and  from  their  possessions  situated  north  of 
the  boundary  line  defined  in  the  preceding  article; 
it  being  understood  that  this  passage  is  to  be  by 
navigating  the  Gulf  of  California  and  the  river 
Colorado,  and  not  by  land,  without  the  express 
consent  of  the  Mexican  government. 

If,  by  the  examinations  which  may  be  made,  it 
should  be  ascertained  to  be  practicable  and  ad- 
vantageous to  construct  a  road,  canal,  or  railway, 
which  should  in  whole  or  part  run  upon  the  river 
Gila,  or  upon  its  right  or  its  left  bank,  within  the 
space  of  one  marine  league  from  either  margin 
of  the  river,  the  governments  of  both  republics 
will  form  an  agreement  regarding  its  construction, 
in  order  that  it  may  serve  equally  for  the  use  and 
advantage   of  both   countries. 

AKTICLE  VII. 

The  river  Gila,  and  the  part  of  the  TJio  Bravo 
del  Norte  lying  below  the  southern  boundary  of 
New  Mexico  being,  agreeably  to  tlie  fifth  article, 
divided  in  the  middle  between  the  two  republics, 
the  navigation  of  the  Gila  and  of  tlie  Bravo  below 
said  boundary  sliall  be  free  and  common  to  the 
vessels  and  citizens  of  botli  countries;  and  neither 
shall,  without  tlie  consc^nt  of  the  otlicr,  construct 
any  work  that  may  impede  or  interrupt,  in  wliolc 
or  in  part,  the  exercise  of  this  right;  not  even  for 
the  pui})ose  of  favoring  new  mctliods  of  naviga- 


505  TREATY    OF   GUADALUPE   HIDALGO.      Art.  VIII 

tion.  Xor  shall  any  tax  or  contribution,  under 
any  denomination  or  title,  be  levied  upon  vessels 
or  persons  navigating  the  same,  or  upon  merchan- 
dise or  effects  transported  thereon,  except  in  the 
case  of  landing  upon  one  of  their  shores.  If,  for 
the  purpose  of  making  the  said  rivers  navigable, 
or  for  maintaining  them  in  such  state,  it  should 
be  necessary  or  advantageous  to  establish  any  tax 
or  contribution,  this  shall  not  be  done  without  the 
consent  of  both  governments. 

The  stipulations  contained  in  the  present  article 
shall  not  impair  the  territorial  rights  of  either 
republic  withm  its  established  limits. 

ARTICLE  VIII. 

Mexicans  now  established  in  territories  pre- 
viously belonging  to  Mexico,  and  which  remain 
for  the  future  within  the  limits  of  the  United 
States,  as  defined  by  the  present  Treaty,  shall  be 
free  to  continue  where  they  now  reside,  or  to  re- 
move at  any  time  to  the  Mexican  Eepublic,  re- 
taining the  property  which  they  possess  in  the  said 
territories,  or  disposing  thereof,  and  removing  the 
proceeds  wherever  they  please,  without  their  be- 
ing subjected,  on  this  account,  to  any  contribu- 
tion, tax,  or  charge  whatever. 

Those  who  shall  prefer  to  remain  in  the  said 
territories,  may  either  retain  the  title  and  rights 
of  Mexican  citizens,  or  acquire  those  of  citizens  of 
the  United  States.     But  they  shall  be  under  the 

Constitution— 43 


Art.  IX  TREATY   OF   GUADAI,TJPE   HIDALGO.  506 

obligation  to  make  their  election  within  one  year 
from  the  date  of  the  exchange  of  ratifications  of 
this  Treaty;  and  tliose  who  shall  remain  in  the 
said  territories  after  the  expiration  of  that  year, 
without  having  declared  their  intention  to  retain 
the  character  of  Mexicans,  shall  be  considered  to 
have  elected  to  become  citizens  of  the  United 
States. 

In  the  said  territories,  property  of  every  kind, 
now  belonging  to  Mexicans  not  established  there, 
shall  be  inviolably  respected.  The  present  own- 
ers, the  heirs  of  these,  and  all  Mexicans  who  may 
hereafter  acquire  said  property  by  contract,  shall 
enjoy,  with  respect  to  it,  guarantees  equally  ample 
as  if  the  same  belonged  to  citizens  of  the  United 
States. 

ARTICLE  IX. 

The  Mexicans  who,  in  the  territories  aforesaid, 
shall  not  preserve  the  character  of  citizens  of  the 
Mexican  Republic,  conformably  with  what  is  stip- 
ulated in  the  preceding  article,  shall  be  incorpo- 
rated into  the  Union  of  the  United  States  and  be 
admitted  at  the  proper  time  (to  be  judged  of  by 
the  Congress  of  the  United  States)  to  the  enjoy- 
ment of  all  the  rights  of  citizens  of  the  United 
States  according  to  the  principles  of  the  constitu- 
tion; and  in  the  mean  time  shall  be  maintained 
and  protected  in  tlie  free  enjoyment  of  their  lib- 
erty and  property,  and  secured  in  the  free  exercise 
of  their  religion  without  restriction. 


507  TBEATr   OF   GUADALUPE   HIDALGO.      ArtS.  X,  XI 

AETICLE  X. 
[Stricken  out.] 

AETICLE  XL 

Considering  that  a  great  part  of  the  territories 
which,  by  the  present  treaty,  are  to  be  compre- 
hended for  the  future  within  the  limits  of  the 
United  States,  is  now  occupied  by  savage  tribes, 
who  will  hereafter  be  under  the  exclusive  control 
of  the  government  of  the  United  States,  and  whose 
incursions  within  the  territory  of  Mexico  would 
be  prejudicial  in  the  extreme,  it  is  solemnly  agreed 
that  all  such  incursions  shall  be  forcibly  restrained 
by  the  government  of  the  United  States  whenso- 
ever this  may  be  necessary;  and  that,  when  they 
cannot  be  prevented,  they  shall  be  punished  by 
the  said  government,  and  satisfaction  for  the  same 
shall  be  exacted — all  in  the  same  way,  and  with 
equal  diligence  and  energy,  as  if  the  same  incur- 
sions were  meditated  or  committed  within  its  own 
territory  against  its  own  citizens. 

It  shall  not  be  lawful,  under  any  pretext  what- 
ever, for  any  inhabitant  of  the  United  States  to 
purchase  or  acquire  any  Mexican,  or  any  foreigner 
residing  in  Mexico,  who  may  have  been  captured 
by  Indians  inhabiting  the  territory  of  either  of 
the  two  republics,  nor  to  purchase  or  acquire 
horses,  mules,  cattle,  or  property  of  any  kind, 
stolen  within  Mexican  territory  by  such  Indians. 


Art.  XI        TREATY   OF   GUADALIXrE   HIDALGO.  508 

And  in  the  event  of  any  person  or  persons,  cap- 
tured within  Mexican  territory  by  Indians,  being 
carried  into  the  territory'  of  the  United  States, 
the  government  of  the  latter  engages  and  binds  it- 
self in  the  most  solemn  manner,  so  soon  as  it 
shall  know  of  such  captives  being  within  its  ter- 
ritorv',  and  shall  be  able  so  to  do,  through  the 
faithful  exercise  of  its  influence  and  power,  to 
rescue  them,  and  return  them  to  their  country, 
or  deliver  them  to  the  agent  or  representative  of 
the  llexican  government.  The  j\Iexican  author- 
ities will,  as  far  as  practicable,  give  to  the  govern- 
ment of  the  United  States  notice  of  such  captures; 
and  its  agent  shall  pay  the  expenses  incurred  in 
the  maintenance  and  transmission  of  the  rescued 
captives;  who,  in  the  mean  time,  shall  be  treated 
with  the  utmost  hospitality  by  the  American  au- 
thorities at  the  place  where  they  may  be.  But 
if  the  government  of  tlie  United  States,  before 
receiving  such  notice  from  Mexico,  should  obtain 
intelligence,  tlirough  any  other  channel,  of  the 
existence  of  Mexican  captives  within  its  territory, 
it  will  proceed  fortbwitli  to  effect  tbeir  release 
and  delivery  to  the  Mexican  agent  as  above  stipu- 
lated. 

For  the  purpose  of  giving  to  these  stipulations 
the  fullest  possible  ellicacy,  thereby  all'ording  the 
security  and  redress  demanded  by  their  true  spirit 
and  intent,  the  government  of  the  United  States 
will  now  and  hereafter  pass,  without  unnecessary 


D09  TREATY   OF   GUADALUPE   HIDALGO.      Art.  XII 

delay,  and  always  vigilantly  enforce,  such  laws 
as  the  nature  of  the  subject  may  require.  And 
finally,  the  sacredness  of  this  obligation  shall 
never  be  lost  sight  of  by  the  said  government 
when  providing  for  the  removal  of  the  Indians 
from  any  portion  of  the  said  territories,  or  for 
its  being  settled  by  citizens  of  the  United  States; 
but  on  the  contrary,  special  care  shall  then  be 
taken  not  to  place  its  Indian  occupants  under  the 
necessity  of  seeking  new  homes,  by  committing 
those  invasions  which  the  United  States  have 
solemnly  obliged  themselves  to  restrain. 

ARTICLE  XII. 

In  consideration  of  the  extension  acquired  by 
the  boundaries  of  the  United  States,  as  defined  in 
the  fifth  article  of  the  present  Treaty,  the  govern- 
ment of  the  United  States  engages  to  pay  to  that 
of  the  Mexican  Republic  the  sum  of  fifteen  mil- 
lions of  dollars. 

Immediately  after  this  Treaty  shall  have  been 
duly  ratified  by  the  government  of  the  Mexican 
Republic,  the  sum  of  three  millions  of  dollars 
shall  be  paid  to  the  said  government  by  that  of  the 
United  States,  at  the  city  of  Mexico,  in  the  gold 
or  silver  coin  of  Mexico.  The  remaining  twelve 
millions  of  dollars  shall  be  paid  at  the  same 
place,  and  in  the  same  coin,  in  annual  install- 
nients  of  three  millions  of  dollars  each,  together 
with  interest  on  the  same  at  the  rate  of  six  per 


Arts.  XIII,  XIV    TREATY   OF   GUADALUPE   HIDALGO,    510 

centum  per  annum.  This  interest  shall  begin  to 
run  upon  the  whole  sum  of  twelve  millions  from 
the  day  of  the  ratification  of  the  present  Treaty 
by  the  Mexican  government,  and  the  first  of  the 
installments  shall  be  paid  at  the  expiration  of  one 
year  from  the  same  day.  Together  with  each  an- 
nual installment,  as  it  falls  due,  the  whole  in- 
terest accruing  on  such  installment  from  the  be- 
ginning shall  also  be  paid. 

ARTICLE  XIII. 

The  United  States  engage,  moreover,  to  assume 
and  pay  to  the  claimants  all  the  amounts  now 
due  them,  and  those  hereafter  to  become  due,  by 
reason  of  the  claims  already  liquidated,  and  de- 
cided against  the  Mexican  Republic,  under  the  con- 
ventions between  the'  two  republics  severally  con- 
cluded on  the  eleventh  day  of  April,  eighteen  hun- 
dred and  thirty-nine,  and  on  the  thirtieth  day  of 
January,  eighteen  hundred  and  forty-three;  so 
that  the  Mexican  Republic  shall  be  absolutely 
.exempt  for  the  future  from  all  expense  whatever 
on  account  of  the  said  claims. 

ARTICLE  XIV. 

The  United  States  do  furthermore  discharge 
the  ^Mexican  Republic  from  all  claims  of  citizens 
of  the  United  States,  not  heretofore  decided 
against  the  Mexican  government,  which  may  have 


511  TREATY   OF   OTJADALUPE   HIDALGO.      Art.  XV 

arisen  previously  to  the  date  of  the  signature  of 
this  Treaty;  which  discharge  shall  be  final  and 
perpetual,  whether  the  said  claims  be  rejected  or 
be  allowed  by  the  board  of  commissioners  pro- 
vided for  in  the  following  article,  and  whatever 
shall  be  the  total  amount  of  those  allowed. 

AETICLE  XV. 

The  United  States,  exonerating  Mexico  from 
all  demands  on  account  of  the  claims  of  their 
citizens  mentioned  in  the  preceding  article,  and 
considering  them  entirely  and  for  ever  cancelled, 
whatever  their  amount  may  be,  undertake  to  make 
satisfaction  for  the  same,  to  an  amount  not  ex- 
ceeding three  and  one  quarter  millions  of  dol- 
lars. To  ascertain  the  validity  and  amount  of 
those  claims,  a  board  of  commissioners  shall  be 
established  by  the  government  of  the  United 
States,  whose  aM^ards  shall  be  final  and  conclusive ; 
provided  that,  in  deciding  upon  the  validity  of 
each  claim,  the  board  shall  be  guided  and  gov- 
erned by  the  principles  and  rules  of  decision  pre- 
scribed by  the  first  and  fifth  articles  of  the  un- 
ratified convention,  concluded  at  the  city  of  Mexi- 
co on  the  twentieth  day  of  November,  one  thou- 
sand eight  hundred  and  forty-three;  and  in  no 
case  shall  an  award  be  made  in  favor  of  any  claim 
not  embraced  by  these  principles  and  rules. 

If,  in  the  opinion  of  the  said  board  of  commis- 
sioners, or  of  the  claimants,  any  books,  records, 


Art.  XVI      TREATY    OF   GUADALUPE   HIDALGO.  512 

or  documents  in  the  possession  or  power  of  the 
government  of  the  Mexican  Eepublic,  shall  be 
deemed  necessary  to  the  just  decision  of  any  claim, 
the  commissioners,  or  the  claimants  through  them, 
shall,  within  such  period  as  Congress  may  desig- 
nate, make  an  application  in  writing  for  the  same, 
addressed  to  the  Mexican  Minister  for  Foreign 
Affairs,  to  be  transmitted  by  the  Secretary  of 
State  of  the  United  States;  and  the  Mexican  gov- 
ernment engages,  at  the  earliest  possible  moment 
after  the  receipt  of  such  demand,  to  cause  any 
of  the  books,  records,  or  documents,  so  specified, 
which  shall  be  in  their  possession  or  power- (or 
autlienticated  copies  or  extracts  of  the  same),  to 
be  transmitted  to  the  said  Secretary  of  State, 
who  shall  immediately  deliver  them  over  to  the 
said  board  of  commissioners;  provided,  that  no 
such  application  shall  be  made  by,  or  at  the  in- 
stance of,  any  claimant,  until  the  facts  which 
it  is  expected  to  prove  by  such  books,  records, 
or  documents,  shall  have  been  stated  under  oath 
or  aHirmation. 

AETICLE  XYI. 

Each  of  the  contracting  parties  reserves  to  it- 
self the  entire  right  to  fortify  whatever  point  with- 
in its  territory  it  may  judge  proper  so  to  fortify, 
for  its  security. 


G13    TREATl'  OF  GUADALUPE  HIDALGO.  Al'tS.  XVII,  XVIII 

ARTICLE  XVII. 

The  Treaty  of  amity,  commerce,  and  naviga- 
tion, concluded  at  the  city  of  Mexico  on  the  fifth 
day  of  April,  A.  D.  1831,  between  the  United 
States  of  America  and  the  United  Mexican  States, 
except  the  additional  article,  and  except  so  far 
as  the  stipulations  of  the  said  Treaty  may  be 
incompatible  with  any  stipulation  contained  in 
the  present  Treaty,  is  hereby  revived  for  the 
period  of  eight  years  from  the  day  of  the  ex- 
change of  ratifications  of  this  Treaty,  with  the 
same  force  and  virtue  as  if  incorporated  therein ; 
it  being  understood  that  each  of  the  contracting 
parties  reserves  to  itself  the  right,  at  any  time 
after  the  said  period  of  eight  years  shall  have  ex- 
pired, to  terminate  the  same  by  giving  one  year's 
notice  of  such  intention  to  the  other  party. 

ARTICLE  XVIIL 

All  supplies  whatever  for  troops  of  the  United 
States  in  Mexico,  arriving  at  ports  in  the  oc- 
cupation of  such  troops  previous  to  the  final 
evacuation  thereof,  although  subsequently  to  the 
restoration  of  the  custom-houses  at  such  ports, 
shall  be  entirely  exempt  from  duties  and  charges 
of  any  kind;  the  government  of  the  United  States 
hereby  engaging  and  pledging  its  faith  to  estab- 
lish, and  vigilantly  to  enforce  all  possible  guards 
for  securing  the  revenue  of  Mexico,  by  preventing 


Art.  XIX      TREATY   OF   GUADALUPE   HIDALGO.  514 

the  importation,  under  cover  of  this  stipulation, 
of  any  articles  other  than  such,  both  in  kind  and 
in  quantity,  as  shall  really  be  wanted  for  the  use 
and  consumption  of  the  forces  of  the  United 
States  during  the  time  they  may  remain  in  Mexi- 
co. To  this  end,  it  shall  be  the  duty  of  all  of- 
ficers and  agents  of  the  United  States  to  denounce 
to  the  Mexican  authorities  at  the  respective  ports 
any  attempts  at  a  fraudulent  abuse  of  this  stipu- 
lation which  they  may  know  of  or  may  have  rea- 
son to  suspect,  and  to  give  to  such  authorities  all 
the  aid  in  their  power  with  regard  thereto;  and 
every  such  attempt,  when  duly  proved  and  es- 
tablished by  sentence  of  a  competent  tribunal, 
shall  be  punished  by  the  confiscation  of  the  prop- 
erty so  attempted  to  be  fraudulently  introduced. 

AETICLE  XIX. 

With  respect  to  all  merchandise,  effects,  and 
property  whatsoever,  imported  into  ports  of  Mexi- 
co whilst  in  the  occupation  of  the  forces  of  the 
United  States,  whether  by  citizens  of  either  re- 
public, or  by  citizens  or  subjects  of  any  neutral 
nation,  the  following  rules  shall  be  observed: 

1.  All  such  merchandise,  effects,  and  property, 
if  imported  previously  to  the  restoration  of  the 
custom-houses  to  the  Mexican  authorities,  as  stipu- 
lated for  in  the  third  article  of  this  Treaty,  shall 
be  exempt  from  confiscation,  although  the  im- 
portation of  the  same  be  prohibited  by  the  Mexi- 
can tariff. 


515  TREATY   OF   GUADALUPE   HIDALGO.      Art.  XIX 

2.  The  same  perfect  exemption  shall  be  enjoyed 
by  all  such  merchandise,  effects,  and  property,  im- 
ported subsequently  to  the  restoration  of  the  cus- 
tom-houses, and  previously  to  the  sixty  days  fixed 
in  the  following  article  for  the  coming  into  force 
of  the  Mexican  tariff  at  such  ports  respectively; 
the  said  merchandise,  effects,  and  property  being, 
however,  at  the  time  of  their  importation,  subject 
to  the  pajonent  of  duties,  as  provided  for  iu  the 
said  following  article. 

3.  All  merchandise,  effects,  and  property  de- 
scribed in  the  two  rules  foregoing  shall,  during 
their  continuance  at  the  place  of  importation,  and 
vipon  their  leaving  such  place  for  the  interior,  be 
exempt  from  all  duty,  tax,  or  impost  of  every 
kind,  under  whatsoever  title  or  denomination. 
Nor  shall  they  be  there  subjected  to  any  charge 
whatsoever  upon  the  sale  thereof. 

4.  All  merchandise,  effects,  and  property  de- 
scribed in  the  first  and  second  rules,  which  shall 
have  been  removed  to  any  place  in  the  interior 
whilst  such  place  was  in  the  occupation  of  the 
forces  of  the  United  States,  shall,  during  their 
continuance  therein,  be  exempt  from  all  tax  upon 
the  sale  or  consumption  thereof,  and  from  every 
kind  of  impost  or  contribution,  under  whatsoever 
title  or  denomination. 

5.  But  if  any  merchandise,  effects,  or  propert>^ 
described  in  the  first  and  second  rules,  shall  be 
removed  to  any  place  not  occupied  at  the  time  by 


Art.  XX      TREATY    OF   GTTADALVPE   HIDALGO.  51(> 

the  forces  of  the  United  States,  they  shall,  upon 
their  introduction  into  snch  place,  or  upon  their 
sale  or  consumption  there,  be  subject  to  the  same 
duties  which,  under  the  Mexican  laws,  they  would 
be  required  to  pay  in  such  cases  if  they  had  been 
imported  in  time  of  peace,  through  the  maritime 
custom-houses,  and  had  there  paid  the  duties  con- 
formably with  the  Mexican  tariff. 

6.  The  owners  of  all  merchandise,  effects,  or 
property  described  in  the  first  and  second  rules, 
and  existing  in  any  port  of  Mexico,  shall  have 
the  right  to  reship  the  same,  exempt  from  all 
tax,  impost,  or  contribution  whatever. 

With  respect  to  the  metals,  or  other  property, 
exported  from  any  Mexican  port  whilst  in  the  oc- 
cupation of  the  forces  of  the  United  States,  and 
previously  to  the  restoration  of  the  custom-house 
at  such  port,  no  person  shall  be  required  by  the 
Mexican  authorities,  whether  general  or  state,  to 
pay  any  tax,  duty,  or  contribution  upon  any  such 
exportation,  or  in  any  manner  to  account  for  the 
same  to  the  said  authorities. 

ARTICLE  XX. 

Through  consideration  for  the  interests  of  com- 
merce generally,  it  is  agreed,  that  if  less  than 
sixty  days  should  elapse  between  the  date  of  the 
eignature  of  this  Treaty  and  the  restoration  of 
the  custom-houses  conformably  with  the  stipula- 
tion in  the  third  article,  in  such  case  all  mer- 


517  TREATY    OF   GUADALrPE   HIDALGO.      Art.  XXI 

chandise,  effects,,  and  property  whatsoever,  arriv- 
ing at  the  Mexican  ports  after  the  restoration  of 
the  said  custom-houses,  and  previously  to  the  ex- 
piration of  sixt\'  days  after  the  day  of  the  signa- 
ture of  this  Treaty,  shall  he  admitted  to  entry; 
and  no  other  duties  shall  he  levied  thereon  than 
the  duties  established  by  the  tariff  found  in  force 
at  such  custom-houses  at  the  time  of  the  restora- 
tion of  the  same.  And  to  all  such  merchandise, 
effects,  and  property',  the  rules  established  by  the 
preceding  article  shall  apply. 

ARTICLE  XXI. 

If  unhappily  any  disagreement  should  here- 
after arise  between  the  governments  of  the  two 
republics,  whether  with  respect  to  the  interpreta- 
tion of  any  stipulation  in  this  Treaty,  or  with 
lespect  to  any  other  particular  concerning  the 
political  or  commercial  relations  of  the  two  na- 
tions, the  said  governments,  in  the  name  of  those 
nations,  do  promise  to  each  other  that  they  will 
endeavor,  in  the  most  sincere  and  earnest  man- 
ner, to  settle  the  differences  so  arising,  and  to 
preserve  the  state  of  peace  and  friendship  in  which 
the  two  countries  are  now  placing  themselves; 
using,  for  this  end,  mutual  representations  and 
pacific  negotiations.  And  if,  by  these  means,  they 
should  not  be  enabled  to  come  to  an  agreement,  a 
resort  shall  not,  on  this  account,  be  had  to  re- 
prisals, aggression,  or  hostility  of  any  kind,  by  the 

Constitution— 44 


Art.  XXII      TREATY   OF   GUADALUPE   HIDALGO.  518 

one  republic  against  the  other,  until  the  govern- 
ment of  that  which  deems  itself  aggrieved  shall 
have  maturely  considered,  in  the  spirit  of  peace 
and  good  neighborship,  whether  it  would  not  be 
better  that  such  difference  should  be  settled  by 
the  arbitration  of  commissioners  appointed  on 
each  side,  or  by  that  of  a  friendly  nation.  And 
should  such  course  be  proposed  by  either  party, 
it  shall  be  acceded  to  by  the  other,  unless  deemed 
by  it  altogether  incompatible  with  the  nature  of 
the  difference,  or  the  circumstances  of  the  case. 

AKTICLE  XXII. 

If  (which  is  not  to  be  expected,  and  which 
God  forbid!)  war  should  unhappily  break  out 
between  the  two  republics,  they  do  now,  with  a 
view  to  such  calamity,  solemnly  pledge  themselves 
to  each  other  and  to  the  world,  to  observe  the  fol- 
lowing rules,  absolutely,  where  the  nature  of  the 
subject  permits,  and  as  closely  as  possible  in  all 
cases  wliere  such  absolute  observance  shall  be 
impossible. 

1,  The  morchnnts  of  either  republic  then  re- 
siding in  the  other  shall  be  aRowed  to  remain 
twelve  months  (for  those  dwelling  in  the  interior), 
and  six  months  (for  those  dwelling  at  the  sea- 
ports), to  collect  their  debts  and  settle  their 
affairs ;  during  which  periods,  they  shall  enjoy  the 
same  protection,  and  be  on  the  same  footing,  in 


519  TREATY    OF   GUADALUPE   HIDALGO.      Art.  XXII 

all  respects,  as  the  citizens  or  subjects  of  the  most 
friendly  nations;  and,  at  the  expiration  thereof, 
or  at  any  time  before,  they  shall  have  full  liberty 
to  depart,  carrying  off  all  their  effects  without 
molestation  or  hindrance :  conforming  therein  to 
the  same  laws  which  the  citizens  or  subjects  of 
the  most  friendly  nations  are  required  to  conform 
to.  Upon  the  entrance  of  the  armies  of  either 
nation  into  the  territories  of  the  other,  women  and 
children,  ecclesiastics,  scholars  of  every  faculty, 
cultivators  of  the  earth,  merchants,  artisans,  manu- 
facturers, and  fishermen,  unarmed  and  inhabiting 
unfortified  towns,  villages,  or  places,  and  in  gen- 
eral all  persons  whose  occupations  are  for  the  com- 
mon subsistence  and  benefit  of  mankind,  shall  be 
allowed  to  continue  their  respective  employments 
unmolested  in  their  persons.  ISTor  shall  their 
houses  or  goods  be  burnt  or  otherwise  destroyed, 
nor  their  cattle  taken,  nor  their  fields  wasted,  by 
the  armed  force  into  whose  power,  by  the  events  of 
war,  they  may  happen  to  fall ;  but  if  the  necessity 
arise  to  take  anything  from  them  for  the  use  of 
such  armed  force,  the  same  shall  be  paid  for  at 
an  equitable  price.  All  churches,  hospitals, 
schools,  colleges,  libraries,  and  other  establish- 
ments, for  charitable  and  beneficent  purposes, 
shall  be  respected,  and  all  persons  connected  with 
the  same  protected  in  the  discharge  of  their  duties 
and  the  pursuit  of  their  vocations. 


Art.  XXII      TKEATY   OF   GUADALUPE    HIDALGO.  520 

2.  In  order  that  the  fate  of  prisoners  of  war 
may  be  alleviated,  all  such  practices  as  those  of 
sending  them  into  distant,  inclement,  or  unwhole- 
some districts,  or  crowding  them  into  close  and 
noxious  places,  shall  be  studiously  avoided.  They 
shall  not  be  confined  in  dungeons,  prison-ships,  or 
prisons;  nor  be  put  in  irons,  or  bound,  or  other- 
wise restrained  in  the  use  of  their  limbs.  The 
officers  shall  enjoy  liberty  on  their  paroles,  with- 
in convenient  districts,  and  have  comfortable 
quarters;  and  the  common  soldiers  shall  be  dis- 
posed in  cantonments,  open  and  extensive  enough 
for  air  and  exercise,  and  lodged  in  barracks  as 
roomy  and  good  as  are  provided  by  the  party  in 
whose  power  they  are,  for  its  own  troops.  But  if 
any  officer  shall  break  his  parole  by  leaving  the 
district  so  assigned  him,  or  any  other  prisoner 
shall  escape  from  the  limits  of  his  cantonment, 
after  they  shall  have  been  designated  to  him, 
such  individuals,  officer,  or  other  prisoner,  shall 
forfeit  so  much  of  the  benefit  of  this  article  as 
provides  for  his  liberty  on  parole  or  in  canton- 
ment. And  if  any  ofiicor  so  breaking  his  parole, 
or  any  common  soldier  so  escaping  from  the  limits 
assigned  him,  shall  afterwards  be  found  in  anns, 
previously  to  liis  being  regularly  exchanged,  the 
person  so  ofi'eiuling  shall  be  dealt  with  according 
to  the  establislied  laws  of  war.  The  officers  shall 
be  daily  furnished  by  tlic  party  in  whose  power 
they  arc,  Avitli  as  many  rations,  and  of  the  same 


521  TREATY   OF   GUADALUPE   HIDALGO.      Art.  XXII 

articles,  as  are  allowed,  either  in  kind  or  by  com- 
mutation, to  officers  of  equal  rank  in  its  own  army ; 
and  all  others  shall  be  daily  furnished  with  such 
ration  as  is  allowed  to  a  common  soldier  in  its 
own  service :  the  value  of  all  which  supplies  shall, 
at  the  close  of  the  war,  or  at  periods  to  be  agreed 
upon  between  the  respective  commanders,  be  paid 
by  the  other  party,  on  a  mutual  adjustment  of 
accounts  for  the  subsistence  of  prisoners ;  and  such 
accounts  shall  not  be  mingled  with  or  set  off 
against  any  others,  nor  the  balance  due  on  them 
be  withheld,  as  a  compensation  or  reprisal  for 
any  cause  Avhatever,  real  or  pretended.  Each 
party  shall  be  allowed  to  keep  a  commissary  of 
prisoners,  appointed  by  itself,  with  every  canton- 
ment of  prisoners,  in  possession  of  the  other; 
which  commissary  shall  see  the  prisoners  as  often 
as  he  pleases;  shall  be  allowed  to  receive,  exempt 
from  all  duties  or  taxes,  and  to  distribute,  what- 
ever comforts  may  be  sent  to  them  by  their 
friends;  and  shall  be  free  to  transmit  his  reports 
in  open  letters  to  the  party  by  whom  he  is  em- 
ployed. 

And  it  is  declared  that  neither  the  pretence 
that  war  dissolves  all  treaties,  nor  any  other  what- 
ever, shall  be  considered  as  annulling  or  suspend- 
ing the  solemn  covenant  contained  in  this  article. 
On  the  contrary,  the  state  of  war  is  precisely  that 
for  which  it  is  provided;  and  during  which  its 
stipulations  are  to  be  as  sacredly  observed  as  the 


Art.  XXIII      TREATY   OF   GUADALUPE   HIDALGO.  522 

most  acknowledged  obligations  under  the  law  of 
nature  or  nations, 

AETICLE  XXIII. 

This  treaty  shall  be  ratified  by  the  President  of 
the  United  States  of  America,  by  and  with  the 
advice  and  consent  of  the  Senate  thereof;  and 
by  the  President  of  the  Mexican  Eepublic,  with 
the  previous  approbation  of  its  General  Congress; 
and  the  ratifications  shall  be  exchanged  in  the 
city  of  Washington,  or  at  the  seat  of  government 
of  Mexico,  in  four  months  from  the  date  of  the 
signature  hereof,   or  sooner  if  practicable. 

In  faith  whereof,  we,  the  respective  plenipoten- 
tiaries, have  signed  this  treaty  of  peace,  friend- 
ship, limits,  and  settlement;  and  have  hereunto 
affixed  our  seals  respectively.  Done  in  quintupli- 
cate,  at  the  city  of  Guadalupe  Hidalgo,  on  the 
second  day  of  February,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  forty-eight. 
N.  P.  TEIST,  [L.  s.] 

LUIS  G.  CUEVAS,  [l.  s.] 
BEEXARDO  COT^TO,  [l.  s.] 
MIGL.  ATRISTAX.         [l.  s.] 

And  whereas  the  said  treaty,  as  amended,  has 
been  duly  ratified  on  botli  parts,  and  the  respec- 
tive ratifications  of  the  same  were  exchanged  at 
Queretaro  on  the  tliiriiclh  day  of  May  last,  by 
Ambrose  H.   Sevier  and  Xathan  ClilTbrd,   Com- 


523  TREATY   OF   GUADALUPE   HIDALGO. 

mi ssi oners  on  tlie  part  of  the  Government  of  the 
United  States,  and  by  Senor  Don  Louis  de  la 
Rosa,  Minister  of  Relations  of  the  Mexican  Re- 
public, on  the  part  of  that  Government: 

Now,  therefore,  be  it  known,  that  I,  James  K. 
Polk,  President  of  the  United  States  of  America, 
have  caused  the  said  Treaty  to  be  made  public, 
to  the  end  that  the  same  and  every  clause  and  ar- 
ticle thereof  may  be  observed  and  fulfilled  with 
good  faith  by  the  United  States  and  the  citizens 
thereof. 

lu  witness  whereof,  I  have  hereunto  set  my 
hand  and  caused  the  seal  of  the  United  States  to 
be  affixed. 

Done  at  the  city  of  Washington,  this  fourth  day 
of  July,  one  thousand  eight  hundred  and  forty- 
eight,  and  of  the  Independence  of  the  United 
States  the  seventy-third. 

[L.  s.]  JAMES  K.  POLK. 

By  the  President: 

James  Buchanan, 

Secretary  of  State. 


TREATY   OF   GUADALUrE   HIDALGO.  524 

AETICLES  EEFEREED  TO  IX  THE  FIF- 
TEEXTH  AETICLE  OF  THE  PEECED- 
IXG  TEEATY. 

First  and  Fifth  Articles  of  the  unratified  Con- 
vention hetwecn  the  United  States  and  the 
Mexican  Republic  of  the  20th  Nov.  1843. 

AETICLE  I. 

All  claims  of  citizens  of  the  Mexican  Eepnblic 
against  the  government  of  the  United  States, 
which  shall  he  presented  in  the  manner  and  time 
hereinafter  expressed,  and  all  claims  of  citizens 
of  the  United  States  against  the  government  of 
the  Mexican  Eepnblic,  which  for  whatever  cause 
were  not  submitted  to,  nor  considered  nor  finally 
decided  by,  the  commission,  nor  by  the  arbiter  ap- 
pointed by  the  convention  of  1839,  and  which 
shall  be  presented  in  the  manner  and  time  here- 
inafter specified,  shall  be  referred  to  four  com- 
missioners, who  shall  form  a  board,  and  shall  be 
appointed  in  the  following  manner,  that  is  to 
say:  Two  commissioners  shall  be  appointed  by 
the  President  of  the  Mexican  Eepublic,  and  the 
other  two  by  the  President  of  the  United  States, 
with  the  approbation  and  consent  of  the  senate. 
The  said  commissioners,  thus  appointed,  shall, 
in  presence  of  each  oilier,  take  an  oath  to  ex- 
amine and  decide  impartially  the  claims  submitted 
to  them,  and  wliich  may  lawfully  be  considered, 


525  TREATY   OF   GUADALUPE   HIDALGO. 

according  to  the  proofs  which  shall  be  presented, 
the  principles  of  right  and  justice,  the  law  of  na- 
tions, and  the  treaties  between  the  two  republics. 

AETICLE  V.  ^ 

All  claims  of  citizens  of  the  United  States 
against  the  government  of  the  Mexican  Eepublic, 
which  were  considered  by  the  commissioners,  and 
referred  to  the  imipire  appointed  under  the  con- 
vention of  the  eleventh  April,  1839,  and  which 
were  not  decided  by  him,  shall  be  referred  to, 
and  decided  by,  the  umpire  to  be  appointed,  as 
provided  by  this  convention,  on  the  points  sub- 
mitted to  the  umpire  under  the  late  convention, 
and  his  decision  shall  be  final  and  conclusive.  It 
is  also  agreed,  that,  if  the  respective  commission- 
ers shall  deem  it  expedient,  they  may  submit  to 
the  said  arbiter  new  arguments  upon  the  said 
claims. 


INDKX 

TO   THE 

Constitution  of  the  United  States 


[The    References    are    to    Article    or    Amendment, 
Section,  and  Subdivision  Tliereof.] 


ACCOUNTS  OF  PUBLIC  MONEY— to  be  published. 

Art.  1,  Sec.  9,  Subd.  7. 
ADJOURNMENT— of  House,  for  want  of  a  quorum, 
1,  5,  1. 
restriction  on  power  of,  1,  5,  4. 
when  President  may  adjourn  Congress,  2,  3. 
ADMIRALTY   AND   MARITIME  JURISDICTION— 

3,  2. 
ADOPTION— of  confederation  debts  and  obligations, 

6,  1. 
AFFIRMATION— see  Oath. 
ALLIANCE— no  State  shall  enter  into  treaty  of,  1, 

10,  1. 
AMBASSADORS— President  may  appoint,  2,  2,  2. 

judicial  power  extends  to,  3,  2,  1. 
AMENDMENJ'S — when  Congress  sliall  propose,  5. 
to  be  ratified  by  three-fourths  of  the  States,  5. 
APPELLATE  JURISDICTION— of    Supreme    Court, 

3,  2,  2. 
APPORTIONMENT— of    representation    and    direct 
taxation,  1,  2,  3.  Repealed— Am.  14,  2. 
of  Representatives    among    the    several    States, 
Am.  14,  2. 

(527) 


528  INDEX  TO   U.   S.   CONSTITUTION. 

APPROPRIATE     LEGISLATION— power     of     Con- 
gvess.  Art.  1,  Sec.  8,  Subd.  18. 
enforcement  of  Tliirteenth  Amendment,  13,  2. 
enforcement  of  Fourteenth  Amendment,  14,  5. 
enforcement  of  Fifteenth  Amendment,  15,  2. 
APPROPRIATION— for  army,  limited  to  two  years, 
1,  8,  12. 
money  not  to  be  drawn  but  in  consequence  of, 
1,  9,   7. 
ARMIES— appropriations  limited  to  two  years,  1,  S, 
12. 
Congress  to  mal^e  rules  for  government  of,  1,  8, 
14. 
ARMS— right  of  people  to  bear,  2. 
ARREST— privilege  of  members  from.  1,  6,  1. 
ARSENALS— exclusive    authority    of    Congress,  1,  8, 

17. 
ARTS— Congress  to  promote,  1,  8,  8. 
ATTAINDER— Congress  cannot  pass  bill  of,  1,  9,  3. 
State  shall  not  pass  bill  of,  1,  10,  1. 
of  treason,   not  to  worli  corruption  of  blood,  3, 
3,  2. 
AUTHORS   AND    INVENTORS— Congress  to  secure 
rights  of,  1,  8,  8. 

BAITi — excessive  not  to  be  required.  Am.  8. 
BALLOT— electors  to  vote  by.  Am.  12. 

when  House  to  choose  President  by,  Am.  12. 
BANKRUPTCIES— Congress  to    pass  uniform    laws 

on,  1,  8.  4. 
BASIS  OF  REPRESENTATION— Am.  14.  2. 
BILL  OF  ATTAINDER— Congress  cannot  pass,  1,  9, 
3. 
States  sliall  not  pass,  1,  10.  1. 
BILLS  OF  CREDIT— States  sli;ill  not  emit.  1,  10.  1. 
BILLS— for  raising  revenue  to  originate  in  House,  1, 
7,   1. 
on    pnssage  of  both  Houses  to  be    presented  to 

President,    1.   7,   2. 
power  of  I*resident  to  sign  or  disapprove  them, 

1,  7,  2. 
two-tliirds  of  each  House  mav  i)ass  over  his  veto, 

1,  7.  2. 
not  returned    by  President  within  ten  days    bo- 
come  law,  unless,  etc.,  1,  7,  2. 


INDEX   TO   U.   S.   CONSTITUTION.  529 

BOUNTIES— debt  for,  not  to  be  questioned,  Am.  14, 

Sec.  4. 
BREACH  OF  PP^ACE— no  privilege  from  arrest  for. 

1,  6,  1. 

BRIBEIIY— all  officers  lia))le  to  impeachment  for,  2, 
4. 

CAPITATION  TAX— laid    in  proportion  to  the  cen- 
sus, 1,  9,  4. 
CAPTURES— Congress  to  make  rules  for,  1.  8,  11. 
CENSUS— of  people,  when  to  be  taken,   1,  2,  3. 

capitation  tax  in  proportion  to,  1,  9,  4. 
CHIEF    JUSTICE- to    preside    on    impeachment    of 

President,  1,  3,  6. 
CITIZEN— who  eligible  as  President,  2,  1,  4. 
who  ehgible  as  Senator,  1,  3,  3. 
who  eligible  as  Representative,  1,  2,  1. 
privileges  and  immunities  of,  4,  2,  1. 
who  are  citizens.  Am.  14,  1. 
privileges  or  immunities  not  to  be  abridged.  Am. 

14,  1. 
not  to    be  deprived    of  life,  liberty,  or    property 

without  dvie  process  of  law,  Am.  14,  1. 
equal  protection  of  laws  not  to  be  denied,  Aia. 
14,  1. 
CLASSIFICATION      OF      SENATORS— into      three 

commander'  IN  CHIEF- of  Army  and  Navy,  2. 

2,  1. 

COMMERCE- Congress  shall    have    power  to  regu- 
late, 1,  8,  3. 
no    preference  to    be  given     between    ports  of 
States,  1,  9,  6. 
COMPACT— States  not  to  enter  into,  1,  10,  3. 
COMPENSATION— of  President,  2,  1,  6. 

of  Senators  and  Representatives.  1.  6.  1. 
of  .Tudges  of  Supreme  and  Superior  Courts,  3,  1. 
private  property  not  to  be  taken  without  mak- 
ing, Am.  5. 
COMPULSORY  PROCESS— accused  to  have.  Am.  <3. 
CONFEDERATION— State  not  to  enter  into,  1,  10,  1. 

debts  of  original  assumed,  6. 
CONGRESS— legislative  powers  vested  in,  1,  1. 
.    of  what  to  consist,  1,  1. 
to  assemble  at  least  once  a  year,  1,  4,  2. 
Constitution — 45 


530  IKDEX   TO   U.   S.   CONSTITUTION. 

CONGRESS— may  alter    regulations    for  election  of 
members,  Art.  1,  Sec.  4,  Subd.  1. 

each  House  to  judge  of  qualifications  of  its  mem- 
bers, 1,  5,  1. 

majority  of  each  House  a  quorum,  1,  5,  1. 

less  number  may  adjourn,  1,  5,  1. 

each    House  to  determine  rules  of  its    proceed- 
ings, 1,  5,  2. 

two-thirds  may  expel  a  member,  1,  5,  2. 

each  House  to  keep  journal  of  proceedings,  1,  5, 
3. 

restriction  on  power  to  adjourn,  1,  5,  4. 

compensation  of  members,  1,  G,  1. 
•    members  privileged  from  arrest,  except,  1,  G,  1. 

ineligible  to  offices  created  during  term  of  ser- 
vice, 1,  G,  2. 

who  ineligible,  1,  6,  2. 

bills  for  raising  revenue  to  originate  in  House,  I, 
7,  1. 

proceedings  on  bill  returned  by  President,  1,  7,  2. 

power  to  lay  and  collect  duties,  etc.,  1,  8,  1. 

to  borrow  money  on  credit  of  United  States,  1, 
S,  2. 

to  regulate  commerce,  1,  8,  3. 

to  establish  rule  of  natin-alization,  1,  8,  4. 

to  establish    uniform    laws  on  subject  of    bank- 
ruptcies, ],  8,  4. 

to  coin  money  and  regtilate  value  of  coin,  1,  8,  .">. 

to  fix  standards  of  weights  and  measures,  1,  8,  o. 

to  punisli  counterfeiting,  1,  8,  6. 

to  establish  post-offices  and  post-roads,  1,  8,  7. 

to  promote  progress  of  scienct>  and  art,  1,  8,  8. 

to  constitute  inferior  tribunals,  1,  8,  !>. 

to  define  and  punish  piracies,  etc.,  1,  8,  10. 

to  punish  offenses  against  law  of  nations,  ],  S, 
10. 

to  declare  war,  1.  8,  11. 

to  grant  letters  of  manpie  and  rejirisal,  1.  8,  11. 

to  make  rules  concerning  captnn^s,  1,  8,  11. 

to  I'aise  and  sui)i)ort  armi(>s,  1,  8,  12. 

rest  I'icl  ion  on  ai)propriations,  1,  8,  12. 

to  provide  and  maintain  a  Navy.  1,  8,  13. 

to  make  ruh>s  for  Army  and  Navy,  1,  8,  14. 

to  call  out   militia   in  case  of  nec»»ssity,  1,  8,   15. 


INDEX   TO   U.   S.   CONSTITUTION.  531 

CONGRESS— to  provide  for  organizing,  etc.,  militia, 
xirt.  1,  Sec.  S,  Subd.  IG. 
to  legislate  over  District  of  Columbia,  and  over 

forts,  magazines,  etc.,  1,  8,  17. 
to  make  all  laws  necessary  to  carry  out  the  pow-' 

ers  of  Government,  1,  8,  18. 
may    determine    time    of    choosing    Presidential 

electors,  2,  1,  3. 
may  admit  new  States  into  the  Union,  4,  3,  1. 
may  make  needful  rules  for  the  territory  of  the 

United  States,  4,  3,  2. 
two-thirds  may  propose  amendments.  5. 
who  disqualified  as  members.  Am.  14,  3. 
disqualifications  may  be  removed,  Am.  14,  3. 
may  enforce  Thirteenth  Amendment,  Am.  13,  2. 
may  enforce  Fourteenth  Amendment,  Am.  14,  5. 
may  enforce  Fifteenth  Amendment,  Am.  15,  2. 
CONSENT— of  Congress,  required  for  otficial  to  re- 
ceive present,  etc.,  1,  1),  8. 
required  for  State  to  lay  imposts,  etc.,  1,  10,  2. 
or  to  lay  duty  on  tonnage,  1,  10,  3. 
or  to  enter  into  agreement  or  compact  with 

other  State,  1,  10,  3. 
or  to  engage  in  war,  1,  10,  3. 
or  to  form  new  State  within  another  State, 

4,  3,  1. 
or    for   the   junction    of    States    or    parts    of 
States,  4,  3,  1. 
neither    House   to   adjourn   without    consent   of 

other,  1,  5,  4. 
of  Senate  re(iuired  in  making  treaty,  2,  22. 
or  in  appointing  Ambassadors,  etc.,  2,  2,  2. 
CONTRACTS— State  not  to  pass  law  violating  obli- 
gations of,  1,  10,  1. 
CONVENTION— for     proposing     amendments     how 

called.  5. 
COPYRIGHTS— Congress  may  provide  for.  1.  8,  8. 
COUNTERFEITING— Congress    shall    provide    pun- 
ishment for,  1,  8,  6. 
COURTS— inferior  may  be  constituted  by  Congress, 
1,  8,  6. 
judicial  power  vested  in,  3,  1. 
term  of  office  of  judges  of,  3,  1. 


532  INDEX  TO   U.   S.   CONSTITUTION. 

CREDIT— to  be  given    to    public  acts    and    records, 

Art.   4,    Sec.    1. 
GliniE— how  person  held  to  answer  for,  5. 
impeachment  of  civil  officers  for,  2,  4. 
trial  for  to  be  by  jury,  3,  2,  3. 
place  of  trial  for,  3,  2,  3. 
prosecutions  for,  rights  of  accused,  6. 
CRUEL  OR  UNUSUAL  PUNISHMENTS  PROHIB- 
ITED—Am.  8. 

DEBT  OF  UNITED  STATES— not  to  be  questioned, 
Am.  14,  4. 
Congress  has  power  to  pay,  1,  8,  1. 
under  prior  confederation  assumed,  6,  1. 
DEBTS— incurred    in  aid  of  insurrection  repudiated. 

Am.  14,  4. 
DPjFENSE— Constitution  adopted  to  insure.    Pream- 
ble, 
power  of  Congress  to  provide  for,  1,  8,  1. 
right  of  accused  in  criminal  prosecutions.  Am.  6. 
DP]PARTMENTS— appointment    of    officers    may    bo 

vested  in,  2,  2,  2. 
DIRECT  TAX— how  laid,  1,  9,  4. 
how  apportioned,  1,  2,  3. 

[Repealed  by  14th  Amendment] 
DISABILITY- -provisions  in  case  of  as  to  President, 
etc.,  2,  1,  5. 
to  hold  office  by  engagement  in  rebellion.  Am.  14, 

3. 
may  be  removed  by  Congress,  Am.  34,  3. 
DISQUALIFICATION— of    Senator    or     Ui'piesenta- 
tive  for  other  office,  1,  G,  2. 
for  membership  of  either  House,  1,  (>,  2. 
by  engaging  in  rebellion,  Am.  14,  3. 
DISTRICT    OF    COLUMBIA— Congress    to    exercise 

exclusive  legislation,  1,  8,  17. 
DOCKYARDS— exclusive  control    of  Congress,  1,  S, 

17. 
DUE    PROCESS    OF    LAW— per.sons  not  to    be  de- 
prived of  life,  liberty,  or  property  without.  Am. 
5. 
State  not  to  deprive  of  life,  liberty,  or  property 
without,  Am.  14,  1. 


INDEX  TO   U.   S.   CONSTITUTION.  533 

DUTIES    OF    PRESIDENT— when    to    devolve   on 
Vice-President,  Art.  2,  Sec.  1,  Siibd.  5. 

in  case  of  disability  of  both,  Congress  shall  de- 
clare who  shall  act,  2,  1,  5. 
DUTIES— imposts  and  excises,  power  of  Congress  to 
lay,  1,  8,  1. 

to  be  nniform  throughout  U.  S.,  1,  8,  1. 

no  duty   or  tax  to  be  laid    on   exports   from  a 
State,  1,  8,  1. 

vessels  clearing  from  one  State  not  to  pay  in  an- 
other, 1,  9,  6. 

no  State  to  lay  duty  on   imports  or  exports,  1, 
10.  2. 

if  laid  by  consent  of  C^'ongress,  net  produce  to  be 
for  use  of  U.  S.,  1,  10.  2. 

all  such  laws  subject  to  control  and  revision  of 
Congress,  1,  10,  2. 
DUTY  ON  TONNAGE— no  State  to  lay  without  con- 
sent of  Congress,  1,  10,  3. 

ELECTIONS— of  executive.  Congress  may  determine 

day  of,  2,  1,  3. 
day  to  be  the  same  throughout  U.  S.,  2,  1,  3. 
for  Senators  and    Representatives,    Legislatures 

of  States  to  prescribe,  1,  4,  1. 
subject  to  alteration  and  regulation  of  Congress, 

1,"  4,  1. 
each    House  to  .judge  of  returns  and  qualifica- 
tions of  its  members,  1,  5,  1. 
ELECTORS— for  President  and  Vice-President,  each 

State  to  appoint,  2,  1,  2. 
number  equal  to  Senators  and  Representatives, 

2.  1,  2. 
who  not  eligible,  2,  1,  2. 
Congress  may  determine  time  of  choosing  and  of 

voting  by,  2,  1,  3. 
day  to  be  the  same  throughout  U.  S.,  2,  1,  3. 
to  meet  and  vote  by  ballot.  Am.  12. 
ballots  for    President  and    Vice-President  to  be 

distinct,  Am.  12. 
one  at  least  to  be  inhabitant  of  another  State, 

Am.  12. 
distinct  lists  to  be  made.  Am.  12. 
to  sign,  certify,  and  transmit  lists  to  President 

of  Senate,  Am.  12. 


534  INDEX   TO   U.   S.   CONSTITUTION. 

ELE('TORS-\vlio   (lis(iualilu'd   to   ollioe  of,   Am.  14, 

Sec.  3. 
Congress  may  remove  disal»ili(y.  Am.  14,  3. 
EMAN('J1?ATK)N— 01"  slnve,  claim  for  loss  by  illegal 

and  void,  Am.  14,  4. 
EMOIilllMKNTS— U.    S.   official    not  to  accept  from 

foreign  king,  etc.,  1,  9,  8. 
ENUMlilllATlON— of  inhabitants,  when  to  be  made, 

1,  -*.  3. 

ratio  of  representation,  1,  2,  3. 
of  rights,  not  to  disparage  othei's  retained,  Am. 
9. 
EQUAL    PROTECTION  OF  THE    LAWS— no  State 

sliall  (lenv.  Am.  14,  1. 
EQUAL     SLFFKAtJE      IN     SENATE— secured      to 

States.  5. 
EXCESSIVP]  BAIL— sliall  not  be  re(iuired.  Am.  8. 
EXCISES— power  of  Congress  to  lay  and  collect,  1, 

8,  1. 

to  l)e  nniform,  1,  8.  L 
EXCLUSIVE     LECJISLATION— by     Congress     over 
District  of  Columbia.  1.  8,  17. 
over  places  ceded  to  United   States.  1.  8,  17. 
EXECUTIVE     DEI'AUTMEXTS -heads  of  may    be 
vested  with  power  to  appoint  inferior  officers, 

2,  2,  2. 

EXECUTIVE   OFFICEKS-to  be  bound  by  oath  to 
suppoi't  the  Constitution,  (>.  3. 
of  States  to  be  bound  by  oath.  G.  3. 
I'residcnt  may  reiiuire  Avritten  opinions  of,  2,  2, 
1. 
EXIOCUTIVE  POWER— vested  In  President.  2.  1.  1. 
EXPENDITURES— of  money  to  be  published,  1,  9.  7. 
EXPORTS-  from  State,  no  tax  to  be  laid  on.  1.  9.  5. 
no  Slate  to  lay  duties  on  without  consent  of  Con- 

gr(>ss,  1.  19.  2. 
if  laid  to  be  for  use  of  Treasury.  1.  10.  2. 
and  be  subject  to  revision  of  Congress.  1.  10,  2. 
EX   POST   FACTO   LAWS— shall  not   be  passed,   1, 

9,  3. 

State  not  to  pass,  1,  10.  1. 
EXPULSION     Ol'     MEMBER— by     concurrence     of 
two-tliir<ls.  J,  5,  2. 


IXDEX   TO   U.   S.   CONSTITUTION.  535 

FAITH  AND  CREDIT— to  acts,  records,  and  judicial 
proceedings  of  the  several  States,  Art.  4,  Sec.  1. 

FELONY— members  of  Congress  not  privileged  from 
arrest  for,  1,  G,  1. 
on  high  seas,  Congress  shall  have  power  to  de- 
fine and  punish,  1,  8,  10. 

FIXES— excessive  not  to  be  imposed.  Am.  8. 

FOREIGN  COIN— Congress  may  regulate  value  of,  1, 
8,  5. 

FOREIGN    NATIONS— Congress    to    regulate    com- 
merce with,  1,  8,  3. 

FOREIGN   POWERS— State  prohibited  from   enter- 
ing into  compact  with,  1,  10,  3. 

FORFEITURE— not  to  extend  beyond  life  of  party 
attainted,  3,  3,  2. 

FORMATION  OF  NEW  STATES— provisions  for,  4, 
3,  1. 

FORM  OF  GOVERNMENT— States  in  Union  to  be 
guaranteed  republican,  4,  4. 
States  to  be  i>rotected  from  invasion  and  domes- 
tic violence,  4,  4. 

FORTS— exclusive  legislation  by  Congress  over  sites, 
1,  8,  17. 

FREEDOM  OF   SPEECH  AND   OF  THE  PRESS— 
guaranteed.  Am.  1. 

FUGITIVES— from  justice  to  be  delivered  up,  4,  2, 
2. 

from  service  or  labor  to  be  delivered  up,  4,  2,  3. 

GENERAL  WELFARE— purpose  of  Constitution  to 

secure.  Preamble. 
Congress  shall  have  power  to  provide  for,  1,  8,  1. 
GEORGIA— Representatives   in  first   Congress,    1,   2, 

3. 
GOLD  AND  SILVER  COIN— restriction  on  States  as 

to  tender  in  payment,  1,  10,  1. 
GOVERNMENT      OF      STATES-republican      form 

guaranteed,  4,  4. 
protection  from  invasion  or  domestic  violence,  4, 

4. 
GRAND  JURY— crimes  to  be  tried  on  presentment 

of.  Am.  5. 
exceptions  as  to  land  and  naval  forces  and  mili- 
tia. Am.  5. 


536  INDEX   TO   U.   S.   COXSTITUTIOX. 

GUARANTY— of    republican    form    of    Government 
to  States,  Arr.  4,  Sec.  4. 
of  protection  of  States  from  invasion  and  domes- 
tic violence,  4,  4. 

HABEAS  CORPUS— writ  not  to    be  suspended,    un- 
less, 1,  9,  2. 
HEADS  OF  DEPARTMENTS— may  be  vested  with 

power  to  appoint  officers,  2,  2,  2. 
I'resident  may  require  written  opinions  from,  2, 

2,  1. 
HIGH    CRIMES  AND   MISDEMEANORS— removal 

of  officers  on  impeachment  for,  2,  4. 
HOUSE     OF     REPRESENTATIVES— composed     of 

members  chosen  every  second  year,  1,  2,  1. 
qualification  of  electors,  1,  2.  1. 
qualification  of  member,  age,  and  residence,  1,  2, 

2. 
State  executives  to  issue  writs  of  election,  1,  2, 

4. 
shall  choose  speaker  and  other  officers,  1,  2,  5. 
shall  have  sole  power  of  impeachment,  1,  2,  5. 
shall  judge  elections,  returns,  and  qualifications 

of  its  members,  1,  5,  1. 
a  majority  to  constitute  a  quorum,  1,  5,  1. 
less    may  adjourn  from  day  to  day,  1,  5,  1. 
may  determine  its  rule  of  proceeding,  1,  5,  2. 
may  punish  for  disorderly  behavior,  or  expel  a 

nieniber,  1,  5,  2. 
shall  Ivcep  journal  of  proceedings.  1,  5,  3. 
restriction  on  power  to  adjom-ii,   1.  5,  4. 
members  nor  to  be  questioned  for  speech  or  de- 
bate, 1,  tJ,  1. 
United  States  oflicial  not  eligible  to  membership, 

].  C.  2. 
members  ineligible  to  oflices  created  during  their 

membersliii).  1,  (!.  2. 
bills  for  raising  revenue  to  originate  in.  1,   7.   1. 
votes    for    I'resident    and     Vice-LM'esident    to    be 

counted   in   presence  of.    Am.   12. 
when  and  how  to  choose  I'resident,  Am.  12,        * 
vote  to  be  taki'n  by  States,  Am.  12. 
quorum  in  sncli  case,  wliat  to  constitute,  Am.  12. 
majority  of  States  necessary  to  choice,  Am.  12. 


INDEX  TO  U.  S.  CONSTlTUTIOrr.  537 

HOUSE     OF     REPRESENTATIVP^S-disabllity    to 
membership  by  participation  iu  rebellion,  Am. 
14,  Sec.  3. 
Congress  may  remove  disability,  Am.  14,  3. 

IMMUNITIES— privilege    of    member    of    Congress 
from  arrest,  1,  lu,  3. 

soldiers  not  to  be  (piartered  in  time  of  peace,  3. 

no  person  to  be  twice  in  jeopardy  for  same  of- 
fense, 5. 

"Who  are  citizens  of  United  States,  Am.  14,  1. 

privileges  and  immunities  of  citizens  not  to  ba 
al)ridged.  Am.  14,  1. 

State  not  to  deprive  of  life,  liberty,  or  property 
without  due  process  of  law,   Am.   14,   1. 

nor  deny  the  equal  protection  of  the  law,  Am.  14, 
1. 
IMPEACHMENT— House  to  have  sole  power  of,  1, 
2,  5. 

Senate  the  sole  power  to  try,  1,  3,  G. 

to  be  on  oath  or  affirmation,  1,  3,  6. 

Avhen  Chief  Justice  to  preside,  1,  3,  6. 

two-tliirds  necessary  for  conviction,  1,  3,  G. 

.ludgmeut,  extent  of  on  conviction,  1,  3,  7. 

judgment,  not  to  bar  Indictment  and  punishment, 
1,  3,  7. 
IMPORTATION  OF  SLAVES— restriction  on  power 
of  Congress,  1,  9,  1. 

tax  may  be  imposed,  1,  9,  1. 
IMPORTS  OR  EXPORTS— State  shall  not  lay  with- 
out consent  of  Congress,  1,  10,  2. 

of  land  by  State,  for  use  of  Treasury,  1,  10,  2. 

shall  be  subject  to  revision  of  Congress,  1,  10,  2. 
iMl'OSTS  AND  EXCISES— Congress  shall  have  pow- 
er to  lay  and  collect,  1,  8,  1. 

to  be  unifoi-m  throughout  States,  1,  8,  1. 
INDIAN   TRIBES— Congress   to  regulate   commerce 

with,  1,  8,  3. 
INDICTMENT,    OR    PRESENTMENT— essential  to 
trial  for  capital  or  infamous  crime,  Am.  5. 

except  in  cases  in    land  and  naval    forces  and 
militia.  Am.  5. 

of  person  convicted  on  impeachment,  1,  3,  7. 


538  INDEX   TO   U.   S.   CONSTITUTION. 

INFERIOR  COURTS— power    of  Congress   to  estab- 
lish, Art.  1,  Sec.  8,  Subd.  9. 
judicial  power  vested  in,  3,  1. 
judges  to  hold  otiice  during  good  behavior,  3.  1. 
compensation  not  to  be  diminished  during  official 
term,  3,  1. 
INFERIOR    OFFICERS— Congress    may    invest    ap- 
pointment of  where  they  think  proper,  2,  2,  2. 
INSURRECTIONS— Congress  to  provide  for  suppres- 
sion of,  1,  8,  15. 
participants  in,  disqualified  for  office.  Am.  14,  3. 
Congress  may  remove  disabilities.  Am.  14,  3. 
debts  contracted  in  aid  of,  void,  Am.  14,  4. 
INVASION— State,  when  may  engage  in  war,  1,  10, 
3. 
•writ  of  habeas  corpus,  suspension  of,  1,  9,  1. 
Congress  may  call  militia  out  to  repel,  1,  8,  15. 
United  States  to  protect  each  State  against.  4,  4. 
INVENTORS— Congress  to  pass  laws  to  secure  rights 

to,  1.  8,  8. 
INVOLUNTARY   SERVITUDE— abolition  of,  except 
for  crime.   Am.   13,  1. 

JEOPARDY  OF  LIFE  AND  LIMB— person  not  to  be 

twice  subject  to.  Am.  5. 
JOURNAL  OF  PROCEEDINGS— each  House  to  keep, 

1,  5,  3. 
JUDGES— of  United  States  courts  to  hold  office  dur- 
ing good  behavior,  3,  1. 
coniiteiisation  not  to  be  diminished  during  term, 

3,  1. 
in  every  State  bound  by  Constitution,  laws,  and 
treaties  of  United  States,  G,  2. 
JUDGMENT— in  impeachment  cases  to  extend  only 
to  removal  from  office,  1.  3,  7. 
not  a  bar  to  indictment  and  trial  at  law.  1,  3,  7. 
JUDICIAL    POWER- Congress    may    constitute    in- 
ferior tril)unals,  1,  8,  9. 
lodged  in  Sui)renie  and  inferior  courts,  3,  1. 
judges  to  hold  office  during  good  l)ehavior,  3,  1. 
compensation   not   to   be  diminished   during  con- 

tinuanre  in  ollice,  3,  1. 
to  extend  to  cases  in  law  and  ecjnity,  3,  2,  1. 
to   cases    aiising   under   Constitution,   laws,    and 
treaties,  3,  2,   1. 


INDEX  TO   U.   S.   CONSTXTUTIOi\.  539 

JUDICIAL  POWER-to  all  cases  affecting  ambas- 
sadors, ministers,  and  consuls,  Art.  3,  Sec.  2, 
Subd.   J. 

to  ail  admiralty  and  maritime  cases,  3,  2,  1. 

to  controversies  to  which  United  States  is  a 
party,  3,  2,  1. 

to  controversies  between  States.  3,  2,  1. 

to  controversies  between  a  State  and  citizens  of 
another  State,  3,  2,   1. 

or  between  a  State  or  its  citizens  and  foreign 
States  or  citizens,  3,  2,  1. 

in  cases  affecting  ambassadors,  etc.,  Supreme 
Court  to  have  original  jurisdiction,  3,  2,  2. 

in  all  other  cases  to  have  appellate  jurisdiction, 
3,  2,   2. 

trial  of  crimes,  except  in  cases  of  impeachment, 
to  be  by  jury,  3,  2,  3. 

trial  to  be  held  in  State  where  crime  committed, 

•J     o     o 

o,   *-,   o. 

when  not  committed  within  State  Congress  may 

direct,  3,  2,   3. 
not  to  extend  to  cases  against  a  State  by  citizens 
of  another  State  or  a  foreign  State,  Am.  11. 
JUDICIAL    PROCEEDINGS— of    States,    full    faith 
and  credit  to  be  given  to,  4,  1. 
manner  of  proving  may  be  prescribed  by  Con- 
gress, 4,  1. 
JUDICIAL  OFFICERS— to  be  bound  by  oath  to  sup- 
port Constitution.  6.  3. 
JURISDICTION— of    Supreme   Court,    appellate  and 
original,  3,  2,  2. 
of  inferior  tribunals,   1,   8,  9. 
JURY— trial  of  crimes  except  on  impeachment  to  be 
by  jury,  3,  2,  3. 
accused  to  have  speedy  and  public  trial  by,  Am. 

6. 
suits   at  law  where  value   over  twenty   dollars 

shall  be  tried  by.  Am.  7. 
fact  not   to    be  re-examined  except    by  rules  of 
common  law,   Am.   7. 
JUST  COMPENSATION— property  not  to  be  taken 

for  public  use  without;  Am.  5. 
JUSTICE— purpose     of     Constitution     to      establish. 
Preamble. 


540  INDEX   TO   U.   S.   CONSTITUTION. 

LABOR— fugitives  from,  to  be  delivered  up,  Art.  4, 

Sec.  2,  Subd.  3. 
LAND  AND  NAVAL  FORCES— Congress  may  gov- 
ern and  regulate,  1,  8,  14. 
LAW     OF     THE     LAND— Constitution,     laws,     and 
treaties  constitute,  6,  2. 
judges  in  every  State  bound  by,  6,  2. 
LAW  OF  NATIONS— offenses  against.  Congress  may 

provide   punisliment  for,  1,  8,   10. 
LAWS— Congress  may  provide  for  execution  of,  1,  8, 
15. 
and  of  powers  vested  in  Government  or  any  de- 
partment or  officer,  1,  8,  18. 
judicial  power  to  extend  to  all  cases  arising  un- 
der, 3,  2,  1. 
LEGAL  TENDER— State  shall    not    make  anything 

but  gold  and  silver  coin  a,  1,  10,  1. 
LEGISLATION— exclusive  in  Congress  over  District 
of  Columbia,  1,  8,  17. 
and    over    places    purchased    for  forts,  arsenals, 

etc.,  1,  8,  17. 
Congress  to  make  laws  necessary  for  operation 

of  powers  of  Government,  1,  8,  18. 
may  enforce  article  prohibiting  slavery.  Am.  13.  2. 
may  enforce  P^ourteenth  Amendment,  Am.  14,  5. 
may  enforce  Fifteenth  Amendment,  Am.  15.  2. 
LEGISLATIVE  POWER— to  be  vested  in  Congress, 

1,  1. 
LETTERS    OF    MARQUE    AND    REPRISAL-Con- 
gress  may  grant,  1,  8,  11. 
State  prohibited  from  granting.  1,  10,  1. 
LIBERTY— purpose  of   Constitution  to  secure.   Pro- 
amble, 
person  not  to  be  deprived  of  without  due  pro- 
cess of  law.  Am.  5. 
LIFE— no  person  to  be  deprived  of  witliout  due  pro- 
cess of  law,  Am.  5. 
no  person  to  be  twice  put  in  jeopardy  of,  Am.  5. 
same  restriction  on  powers  of  States,  Am.  14,  1. 
LOSS   OF  SLAVE— claim  for  illegal  and  void.  Am. 
14,  4. 

MAGAZINRS.  ARSENALS,  ETC.— Congress  to  have 
special  legislation,   1,  8,   17, 


INDEX  TO   U.   S.   CONSTITUTION.  541 

MAJORITY— of  each  House  to  constitute  a  quorum, 
Art.  1,  Sec.  5,  Subd.  1. 

smaller  number  may  adjourn,  and  compel  at- 
tendance, 1,  5,  1. 

quorum  of  House  in  case  of  election  of  Presi- 
dent, Am.  12. 

of  Senate  in  case  of  election  of  Vice-President, 
Am.    12. 

two-thirds  of  Senate,  on  trial  of  impeachment,  1, 

3,  G. 

MARITIME  JURISDICTION— judicial  power  to  ex- 
tend to.  3,  2,  1. 

MARQUE    AND    REPRISAL— Congress    may    grant 
letters  of,  1,  8,  11. 
no  State  shall  grant  letters  of,  1,  10,  1. 

MARYLAND— Representatives  in  fir.st  Congress,  1, 
2,  3. 

MASSACHUSETTS— Representatives  in  first  Con- 
gress, 1,  2,  3. 

IVIBASURES— Congress  shall  fix  standard  of,  1,  8,  5. 

MEETING  OF  CONGRESS— at  least  once  a  year,  1, 

4.  2. 

MEMBERS    OF    CONGRESS— and    of   State  legisla- 
tures to  be  bound  by  oath,  6,  3. 
MILITIA— Congress  shall  provide  for  calling  forth, 

1,  8,  15. 

sliall  provide  for  organizing,  arming,  and  dis- 
ciplining, 1,  8,  16. 

shall  provide  for  governing,  1,  8,  16. 

to  execute  laws,  suppress  insurrections,  and  repel 
invasions,  1,  8,  IG. 

appointment  of  officers  and  training  reserved  to 
States,  1,  8.  16. 

discipline  to  be  preserved  by  Congress,   1,  8,  16. 

right  of  people  to  bear  arms  not  to  be  infringed. 
Am.  2. 
MISDEMEANORS— impeachment    and   removal    for, 

2,  4. 

MONEY — Congress  may  borrow  on  credit  of  United 
States,  1,  8,  2. 
shall  have  power  to  coin.  1,  8,  5. 
to  be  drawn  from  treasury  only  in  consequence 

of  appropriations,  1,  9,  7. 
statement    of    receipts  and    expenditures    to  be 
published,  1,  9,  7. 
Constitution— 46 


542  INDEX  TO   U.   S.   CONSTITUTION. 

MONEY— no  appropriation  for  armies  to  be  for  more 
than  two  years,  Art.  1,  Sec.  8,  Subd.  12. 

NATIONS— power  to  regulate  commerce  with,  3,  8,  3. 
power  to  punish  offenses  against  law  of,  1,  8,  10. 

NATURALIZATION— Congress  to  establish  uniform 
rule  of,  1,  8,  4. 
citizens  by,  to  be  citizens  of  United  States  and 
States  where  reside.  Am.  14,  1. 

NAVAL  FORCES— Congress  shall    make    rules    and 
regulations  for,   1,  8,  14. 

NAVY— Congress  to  provide  and  maintain,  1,  8,  13. 

NEW   HAMPSHIRE— Representatives    in  first   Con- 
gress, 1,  2,  3. 

NEW  JERSEY— Representatives  in  first  Congress,  1, 
2,  3. 

NEW  STATES— may  be  admitted  by  Congress,  4,  3.  1. 
not  to  be  formed  within  jurisdiction  of  another 

without  consent  of  Congress,  4,  3,  1. 
nor  be  formed  by  junction  of  two  States  without 
consent,   4,  3,   1. 

NEW  YORK— Representatives  in  first  Congress,  1,  2, 
3. 

NOBILITY— titles  of    not  to  be  granted    by  United 
States,  1,  9,  8. 
no  State  to  grant  title  of,  1,  10.  1. 

NORTH  CAROLINA— Representatives    in   first   Con- 
gress, 1,  2,  3. 

NUMBER  OF   ELECTORS— for  President  and  Vice- 
President,  2,  1,  2. 

OATH  OF  OFFICE  OF  PRESIDENT— form  of,  2,  1, 

7. 
OATH    OR    AFFIRMATION— warrants    to    be   sup- 
ported  by.   Am.   4. 
to  support  the  Constitution,  (5,  3. 
religious  test  not  to  be  required  as  a  qualification 

for  office,  6,  3. 
Senator  on  trial  of  impeachment  to  be  on,  1,  3.  (». 
OBJECTIONS  BY  PRESIDENT- on    relurn    of    bill, 

1.  7,  2. 
OBLKiATIONOF  CONTRACTS- no  state  shall  pass 
laws  iinpniriiig,   1,    10,   1. 

obli<;ati()ns  incurred  in  aid  of  rebel- 
lion VOID-Am.  14,  4. 


INDEX  TO  U.   S.   CONSTITUTION.  543 

OFFENSES— against  law  of  nations,  Congress  may 
provide  punishment  for.  Art.  1,  Sec.  8,  Subd. 
10. 

President  may  grant  reprieves  or  pardons,  2,  2,  1. 

no  person  to  be  put  twice  in  jeopardy,  Am.  5. 
OFFICE— who  ineligible  for  member  of  Congress,  1, 
6,  2. 

Senator  or  Representative  not  eligible  for  other 
office,  1,  6,  2. 

if  created  during  his  term,  1,  6,  2. 

holder  of  net    to  accept    present    or  emolument 
from  foreign  king,  etc.,  1,  9,  8. 

term  of.  of  President  and  Vice-President,  2,  1,  L 

of  President,  when  to  devolve  on  Vice-President, 
2,  1,  5. 

who  precluded  from  office  of  elector,  2,  1,  2, 

vacancy   in,   when   may   be  filled   by   President, 
2,  2,  3. 

commissions  to  expii-e  at  end  of  next  session,  2, 
2,  3. 

who    ineligible    as    Senator,    representative,    or 
Presidential  elector.  Am.  14,  3. 
OFFICERS— Congress  may  vest  appointment  of  in- 
ferior officers  where  it  thinlvs  proper,  2,  2,  2. 

removal  on  impeachment  for  certain  crimes,  2,  4. 

of  House  of  Representatives  to  be  chosen  by  it- 
self, 1,  2,  5. 

Senate  to  choose  its  own,  1,  3,  5. 
OPINION     OF     OFFICERS— of    Executive    depart- 
ments, may  be  required  by  President,  2,  2,  1. 
ORDERS— resolutions   and  vote   to  be  presented  to 

President,  1,  7,  3. 
ORIGINAL  JURISDICTION— of  Supreme  Court,  3, 
2,   2. 

PARDONS— President  may  grant  except  in  cases  of 
impeachment,  2,  2,  1. 

PATENT  RIGHTS— Congress  may  pass  laws  secur- 
ing, 2,  2,  1. 

PENSIONS  AND  BOUNTIES— debts  for  not  to  be 
questioned,  Am.  14,  4. 

PENNSYLVANIA— Representatives  at  first  Con- 
gress, 1,  2,  3. 


544  INDEX  TO  U.   S.  CONSTITUTION. 

PEOPI-E— Constitution  formed  by.  Preamble. 

right    of    peaceable    assemblage    shall    not     be 
abridged,  Am.  1. 

right  to  bear  arms  not  to  be  infringed.  Am.  2. 

to  be  secure  in  person  and  property  from  uni*ea- 
sonable  seizures  and  search.  Am.  4. 

enumeration  of  rights  not  to  disparage  others  re- 
tained, Am.  9. 

powers  not    delegated    to  United  States  or  pro- 
hibited to  States  are  reserved.  Am.  10. 
PETITION      FOR      REDRESS— right     not     to     be 

aliridged.  Am.  1. 
PIRACIES— Congress  may  define  and  punish,  1,  8.  10. 
PORTS  -preference  not  to  be  given  by  any  regula- 
tion of  commerce  or  revenue.  1,  9,  6. 

vessels  clearing  not  to  pay  duties,  1,  9,  6. 
POST-OFP'ICES  AND  POST-ROADS— Congress  shall 

establish,   1,  8,   7. 
POWERS— of    Government    department     or     officer. 
Congress  may  enforce  by  law,  1,  8,  18. 

of  President,  when  to  devolve  on  Vice-President, 
2,  1,  5. 

not  delegated  to  United  States  nor  prohibited  to 
States  are  reserved  to  people.  Am.  10. 

enumeration  of  rights  not  to  deny  or  dispai'age 
otliers  retained.  Am.  9. 
PREI'ERENCE— not  to  be    given    to   one  port    over 

another,  1,  9,  6. 
PRESENTMENT   OR    INDICTMENT— necessary   to 
put  party  on  trial.  Am.  5. 

except    in   cases   in  land  and  naval    forces  and 
militia.  Am.  5. 
PRESIDENT- Chief  Justice  to  preside  on  impeach- 
ment of,  1,  3,  0. 

shall  approve  and  sign  all  bills,  1,  7,  2. 

or  return  any  l)ill  with  liis  objections,  1,  7,  2. 

if  not  returned  witliin  ten  days  to  become  a  law, 
1,  7,  2. 

proceedings  of  two  Houses  in  case  of  a  veto,  1, 
7,   2. 

orders,    resolutions,    or    votes,    when    to    be    pre- 
sented  to,    1,   7,   3. 

proceedings  on   return   the  .same  as  on  a   bill,   1, 
7,   3. 

executive  power  to  be  vested  in,  2,  1,  1. 


INDEX   TO   U.   S.   CONSTITUTION.  545 

PRESIDENT— term  of  office  four  years,  Art.  2,  Sec. 

1,  Siibd.  1. 

Vice-President,  when  to  perform  duties  of,  2,  1, 

5. 
when  Congress  may  designate  officer  to  act  as, 

2,  1,  5. 

comp(>nsation  not  to  be  increased  or  diminished 
during  term  of  office.  2,  1,  6. 

to  take  oath  of  office,  2,  1,  7. 

commander-in-chief  of  army,   navy,  and  militia, 
when  called  out,  2,  2,  1. 

may  require  opinion  of  principal  officer  of  depart- 
ments, 2,  2,  1. 

may  grant  reprieves  or  pardons,  except  in  cases 
of  impeachment,  2,  2,  1. 

may  make  treaties  by  and  with,  consent  of  Sen- 
ate, 2,  2,  2. 

may  appoint    officers    by  and   with    consent  of 
Senate,  2,  2,  2. 

may  fill  vacancies  that  happen  in  recess  of  Sen- 
ate, 2,  2,  3. 

commissions  to  fill  vacancies,  when  to  expire,  2, 
2,   2. 

to  give  information  and  recommend  measui-es  to 
Congress,  2,  3. 

when  may  convene  both  or  eitl'M-  House,  2,  3. 

when  may  adjourn  Congress,  2,  .^. 

shall  receive  ambassadors  and  public  ministers, 
2,  3. 

shall  take  care  that  laws  be  faithfully  executed, 
2,  3. 

shall  commission  all  officers,  2,  3. 

shall  be  removed  on  conviction  on  impeachment, 
2,  4. 

who  eligible  for  office  of,  2,  1,  4. 

eligibility  as  to  age  and  residence,  2,  1,  4. 
PRESIDENT    AND   VICE-PRESIDENT— manner  of 
choosing,   2,   1,   2. 

who  disqualified  to  be  electoi",  2,  1,  2. 

Congress  may  determine  time  of  choosing  elect- 
ors, 2,  1,  3. 

electors  to  meet  and  vote  by  ballot.  Am.   12. 

one  at  least  not    to    be  an  inhabitant  of  State, 
Am.  12. 


546  INDEX  TO   U.   S.   CONSTITUTION. 

PRESIDENT  AND  VICE-PRESIDENT— electors  to 

name   in    distinct    ballots    persons   voted   for, 

Am.  12. 
distinct  lists  of  votes  to  be  made,  Am.  12. 
to  be  signed,  certified,  and  transmitted  to  Presi- 
dent of  Senate,  Am.  12. 
duty  of  President  of  Senate  on  receipt  of  returns. 

Am.  12. 
person  having  greatest  number  of  votes  to  be. 

Am.   12. 
if  be  have  a  majority  of  electoral  vote,  Am.  12. 
proceedings,  if  no  person  has  a  majority,  Am.  12. 
in  choosing  President  by  the  Legislature,  each 

State  to  have  one  vote,  Am.  12. 
quoiuiu   for    this  purpose    to    be    two-thirds  of 

States,  Am.   12. 
and  a  majority  of  States  required  to  elect.  Am. 

12. 
in  case  of  no  choice  being  made,  Vice-President 

to  act.   Am.  12. 
PRESIDENT  OF  SENATE— Vice-President  shall  be, 

1,  3,  4. 
when  Senate  may  choose  pro  tempore,  1,  3,  5. 
shall  have  no  vote  except  on  equal  division,  1,  3, 

4. 
duty  on  return  of  votes  of  Presidential  electors, 

Am.    12. 
PRESS— freedom  of  not  to  be  abridged.  Am.  1. 
PRIVATE  PROPERTY— not  to  be  taken  for  public 

use  without  compensation.  Am.  5. 
PRIVILEGE— of  members  of  Congress  from  arrest, 

except,  1,  r»,  1. 
members  not  to  be  questioned  for  speech  or  de- 
bate,  1,  6,  1. 
PRIVILEGES    AND    IMMUNITIES— of   citizens    of 

States,  4,  2,  1. 
soldiers  not  to  be  quartered  without  consent  of 

owner.    Am.   3. 
persons  not  to  be  put  twice  in  jeopardy  for  same 

oifeiise.  Am.  5. 
citizens  of    United    States    are    citizens  of  State 

wliere  they  reside,  Am.  14,  1. 
not  to  be  al)ridged  l)y  State  laws.  Am.  14,  1. 
State  not    to  deprive    of    life,  etc.,  without  due 

process  of  law.  Am.  14,  1. 


INDEX  TO   U.   S.   CONSTITUTION.  547 

PRIVILEGES  AND  IMMUNITIES— nor  deny  to  any 
person  equal  protection  of  the  laws,  Am.  14,  Sec.  1. 
PRIZES— Congress     may     make     rules     concerning, 

1,  8.  11. 
PROCIOSS  OF   LAW— person  not  to  be  deprived  of 
life,  etc.,  without,  Am.  5. 
provision  made  applicable  to  States,  Am.  14,  1. 
for  obtaining  witnesses,  rights  of  accused.  Am.  G. 
PROGRESS  OF  SCIENCPJ    AND    ART— Congress  to 

have  power  to  promote,  1,  8,  8. 
PROPERTY    OF    UNITED  STATES— Congress  may 
dispose  of  and  make  rules  and  regulation's  for, 

4,  3,  2. 

PROSECUTIONS— accused  to  have  speedy  and  pub- 
lic trial.  Am.  G. 
to  be  tried    by  jury  in    State    or    district  where 

crime  was  committed,  Am.  6. 
to  be  informed  of  nature  and  cause  of  accusation, 

Am.  0. 
to  be  confronted  with  witnesses.  Am.  6. 
to  have  compulsory  process  for  witnesses,  Am.  6. 
to  have  counsel  for  his  defense,  Am.  G. 
PUBLIC   DEBT— of    United   States  not  to  be  ques- 
tioned. Am.  14,  1. 
PUBLIC  USE— property  not  to  be  taken  for  without 

just  compensation,  Am.  5. 
PUNISHMENT— judgment   on    impeachment   not   to 
bar  trial,  etc.,  1,  3,  7. 
cruel  and  unusual  prohibited,  Am.  8. 

QUALIFICATION    FOR    OFFICE— no  religious  test 
shall  be  re(iuired  as,  0,  3. 

of  electors  and  members  of  House  of  Representa- 
tives, 1,  2,  1. 

of  members  of  House  as  to  age  and  inhabitancy, 
1,  2,  2. 

of  Senators  as  to  age  and  inhabitancy,  1,  3,  3. 

each  House  to  judge  of,  1,  5,  1. 

of  President  of  United  States,  2,  1,  4. 

as  to  age  and  residency,  2,  1,  4. 

of  Vice-President,  Am.  12. 
QUORUM— a  majority  of  each  House  constitutes,  1, 

5,  1. 

a  less  number  may  adjourn  and  compel  attend- 
ance, 1,  5,  1. 
in  case  of  choice  of  President,  Am.  12. 


548  IXDEX   TO   U.   S.   CONSTITUTION. 

QUORUM— to   elect   Yice-rresideut    by   Senate,    Ain. 
12. 
niajoritv  of  whole  number  necessary  for  choice, 
Am.  12. 

RACE  OR  COLOR— rights  of  citizens  not  to  be  de- 
nied on  account  of.  Am.  15,  1. 
RATIFICATION      OF      AMENDMENTS— what    re- 
quired, 5. 
of  Constitution,  what  sufficient,  7. 
RATIO  OF  REPRESENTATION— 1,  2,  3. 

how  apportioned  among  the  several  States,  Am. 

14,  2. 
Indians  not  taxed  excluded  from  count,  *Am.  14, 
2, 

when  reduced,  denial  of  right  to  vote.  Am.  14,  2. 
REBP]LLION— certain     participants     disabled     from 
holding  office.  Am.  14,  3. 
Congress  may  remove  disability.  Am.  14,  3. 
debts  incurred  to  suppress  not  to  be  questioned. 

Am.  14,  4. 
debt^  incurred  in  aid  of  illegal  and  void,  Am.  14, 

4. 
exception  as    to    suspension  of  writ  of    habeas 
cor])us,  1,  9.  2. 
RECEIPTS      AND      EXPENDITURES— of     public 

moneys  to  be  published,   1,  I),  7. 
RECESS    OF    SENATE— President  may  commission 

1o  fill  vacancies  in  office,  2.  2.  3. 
RECONSIDEKATIUX    OF    BILL    RETURNED  BY 

PRESIDENT— 1,  7,  2. 
RECOPiDS— of    State,    full   failli    and     credit   to   be 
given  to,  4,  1. 
Congress  shall  prescril)e  maniKM-  of  proving.  4.  1. 
REDRESS  OF  (lUIEVANCES— rigiit   to  petition   for 

cannot   lie  abridged.   Am.   1. 
REGULA'l'lONS— for  t-leetion  of  Senators  and  Repre- 
sentatives, 1,  4,   1. 
RELK J lOX— Congress  can  make  no  law  as  to  estab- 

lisliment  of.  Am.  1. 
RELHJIorS   TESTS— shall     never    be    reipiired    as 

ipialification  Cor  office,  t;.  ;',. 
REMOVAL  FROM  OFlTCE-on  impeacliment,  2,   1, 
6. 


INDEX  TO   U.   S.   CONSTITUTION.  549 

REMOVAL    FROM    OFFICE  — of     commerce    and 
revenue.  Art.  1,  Sec.  9.  Subd.  6. 

respecting  territory  ceded  to  United  States,  4,  3, 
2. 
REPRESENTATION   AND   DIRECT   TAXATION— 
how  apportioned,  1,  2,  3. 

changed  by  amendment.  Am.  14,  2. 

until  first  enumeration,  ratio  of,  1,  2,  3. 

State  executive  to  issue  writs  of  election  to  fill 
vacancies,  1,  2,  4. 

no  State  to  be  deprived  of  equal  in  Senate,  with- 
out consent,  5. 

among-   several   States,   according  to   population. 
Am.  14,  2. 

excluding  Indians  not  taxed,  Am.  14,  2. 

basis  reduced  on  denial  of  right  to  vote,  Am.  14, 
2. 
REPRESENTATIVES— House  of,  a  branch  of  Con- 
gress, 1,  1. 

qualifications  of  electors  of  members,  1,  2,  1. 

as  to  age  and  inhabitancy,  1,  2,  2. 

how  apportioned  among  States,  1,  2,  3. 

changed  by  amendment.  Am.  14,  2. 

shall  choose  Spealvcr  and  other  officers,  1,  2,  5. 

shall  have  sole  power  of  impeachment,  1,  2,  5. 

State  executive  to  issue  writs  of  election  to  fill 
vacancies,  1,  2,  4. 

legislatures  to  prescribe  times,  places,  and  man- 
ner of  elections,  1,  4,  1. 

Congress  may  alter    regulations,    except    as    to 
places,  1,  4,  1. 

compensation  of  Senators  to  be  ascertained  by 
law,  1,  G,  1. 

shall  be  privileged  from  arrest  except,  1,  6,  1. 

shall  not  be  questioned  for  speech  or  debate,  1, 
G,  1. 

shall  be  ineligible  for  office  created  during  their 
term,  1,  G,  2. 

who  ineligible  to  office  of,  1,  6,  2. 

bills  for  raising  revenue  to  originate  in  House, 
1,  7,  1. 

ineligible  to  office  of  Presidential  elector,  2,  1,  2. 

shall  be  bound  by  oath  to  support  Constitution, 
6,3, 


550  INDEX  TO  U.   S.   CONSTITUTIOX. 

REPRESENTATIVES— provisions  relative  to  appor- 
tionment of,  Am.  14,  Sec.  2. 
disability  from  participation  in  rebellion,  Am.  14, 

3. 
may  be  removed  by  Congress,  Am.  14,  3. 
REPRIEVES— President  may  grant,  except,  2,  2,  1. 
REPRISAL— Congress  may  grant  letters  of,  1,  8,  11. 

no  State  shall  grant.  1,  10,  1. 
REPUBLICAN  B'ORM  OF  GOVERNMENT— guaran- 
teed to  States,  4,  4. 
RESERVED  RIGHTS— enumeration  of  rights  not  to 
deny  or  disparage  others  retained.  Am.  9. 
powers  not  delegated  to  United  States  nor  pro- 
hibited to  States  are  reserved,  Am.  10. 
RESIGNATION  OF  PRESIDENT— Vice-President  to 
act,   2,   1,   5. 
Congress  may  provide  for  case  of,  2,  1,  5. 
RESOLUTION— concurrent,  to  be  presented  to  Presi- 
dent, 1,  7,  3. 
REA'ENUE  BILLS— to  originate  in  House.  1,  7,  1. 

preference  not  to  be  given  to  ports,  1,  9,  6. 
RHODE  ISLAND— Representative  in  first  Congress, 

1,  2,  3. 
RIGHT  OF  PETITION— not  to  be  abridged.  Am.  1. 
RIGHT  TO  BEAR  ARMS- not  to  be  infringed,  Am. 
2^ 

RIGHTS  ENUMERATED— not  to  deny  or  disparage 

others  retained.  Am.  9. 
not  delegated  to  United   Slates  or  prohibited  to 

States  are  reserved,  Am.  10. 
RULES— of  proceedings,  each  House  mav  determine, 

1,  5,  2. 
and  regulations  respecting  territory  and  property 

of  United  States,  4,  3,  2. 
of  the  common  law,  trials  by  juiy.  Am.  7. 
re-examiuation  of  facts  by,  Am.  7. 

SCIENCE  AND  ART— Congress  may  promote  prog- 
ress of,  1,  8,  8. 

SEARCHES     AND    SEIZURES— security    of    people 
against,  Am.  4. 
warrants,  what  essential  to.  Am.  4. 

SEAT  OF  GOVERNMENT-exclusive  legislation  of 
Congress  over,  1,  8,  17. 


INDEX  TO   U.   S.   CONSTITUTION.  551 

SECURITIES— punishmeut  for  counterfeiting,  Art.  1, 

Sec.   8.    Subd.   0. 
SENATE  AND  HOUSE  OF  REPRESENTATIVES— 

components  of  Congress,  1,  1. 
SENATE— composed    of    two    Senators    from    each 
State,  1,  3,  1. 

chosen  by  Legislatures  for  six  years,  1,  3,  1. 

State  Executive  may  fill  vacancies,  1,  3,  2. 

Vice-President  to  be  President  of,  1,  3,  4. 

to  choose  otticers  and  President  pro  tempore,  1, 
3,  o. 

to  have  sole  power  to  try  impeachments,  1,  3,  6. 

on  such  trial  to  be  on  oath  or  afhrmatiou,  1,  3,  6. 

Chief  Justice  to  preside  on  trial  of  President,  1, 
3,  a. 

concurrence  of    two-thirds    required    for  convic- 
tion, 1,  3,  6. 

shall  be  judge  of  returns  and  qualifications  of  its 
members,  1,  5,  1. 

majority  to  constitute  a  quorum,  1,  5,  1. 

smaller  number  may  adjourn  and  compel  attend- 
ance, 1,  5,  1. 

may  determine  rules  of  its  proceedings,  1,  5,  2. 

may  punish  or  expel  a  member,  1,  5,  2. 

to  keep  journal  of  its  proceedings,  1,  5,  3. 

to  pubhsh  the  same,  except,  1,  5,  3. 

restriction  on  power  to  adjourn,  1,  5,  4. 

may  propose  amendments  to  revenue  bills,  1,  7,  1. 

shall  advise  and  consent  to  ratification  of  trea- 
ties,  2,   2,  2. 

shall  advise  and  consent  to  appointment  of  am- 
bassadors,  etc.,   2,   2,   2. 

and  Judges  of  Supreme  Court  and  other  officers, 


when  may  be  convened  by  President,  2,  3,  1. 
no  State  williout  its  consent  to  be  deprived  of 

its  equal  suffrage  in,  5. 
SENATORS— to  be  divided  into  three  classes,  1,  3,  2. 
seats  of  classes,  when  vacated,  1,  3,  2. 
qualification  as  to  age  and  inhabitancy.  1,  3,  3. 
times,     places,    and    manner    of     choosing,    how 

fixed,   1,  4,  1. 
Congress  may  alter  except  as  to  places,  1,  4,  1. 
executive,  when  may  fill  vacancies,  1,  3,  2. 
appointees'  tenure  of  office,  1,  3,  2. 


552  I^DEX   TO   U.   S.   COXSTITUTIOX. 

SENATORS— to   be   privileced    from    arrest,    except. 
Art.  1,  Sec.  6,  Siibd.  1. 
compensation  to  be  ascertained  by  law.  1,  6.  1. 
shall  not  be  questioned  for  speech  or  debate,  1, 

G.  1. 
ineligible  to  offices  created  during  term  of  ser- 
vice, 1,  6.  2. 
who  ineligible  to  office  of.  1.  6.  2. 
ineligible  to  office  of  presidential  elector.  2.  1.  2. 
shall  be  bound  by  oath  to  support  the  Constitu- 
tion. 6,  3. 
certain  persons  disqualified.  Am.  14.  3. 
Congress  may  remove  disability.  Am.  14.  3. 
SERVICE     OR     LABOR— delivery    up    of    fugitives 

from,  4,  2,  3. 
SERVITUDE— involuntary,  except    for    crime,    abol- 
ished.   Am.   lo,   1. 
rights  of  citizens  not  to  be  abridged  on  account 
of  prior  condition  of.  Am.  15.  1. 
SHIPS  OF  WAR— States  shall  not  keep,  1,  10.  3. 
SLAVE— claim  for  loss  or  emancipation  of,  void.  Am. 

14.  4. 
SLAVERY— abolished,  Am.  13.  1. 
SOLDIERS— not  to  be  quartered  in  any  house  with- 
out consent  of  owner.  Am.  3. 
SOUTH   CAROLINA- Representatives    in   first   Con- 
gress. 1,  2,  3. 
SPEAKER— House    to    choose    Speaker    and    other 

officers,  1,  2,  5. 
SPEECH— Congress  not  to  abridge  freedom  of.  Am. 

1. 
STANDARD   OF     WEIGHTS     AND    MEASURES— 

Congress  shall  fix,  1,  8,  5. 
STATES— executives  shall  issue  writs  of  election  to 
fill  vacancies  in  House,  1,  2,  4. 
commerce  among  to  be  regulated  by  Congress,  1, 

8.   3. 
shall  not  enter  mto  treaties,  alliance,  or  confed- 
eration, 1.  10,  1. 
shall  not  grant  letters  of  martiue  or  reprisal,  1, 

lU.  1. 
sJiall  not  coin  money,  1,  10,   1. 
sliall    not   emit   bills   of   credit,    1,    10,    1. 
restriction  as  to  making  a  h'gal  tender,  1,   10,  1. 


INDEX  TO   U.   S.   CONSTITUTION.  ^.'3 

STATES— shall   not   pass    bills  of    attainder,  Art.  1, 
Sec.  10.  Subd.  1. 

or  ex  post  facto  law,  1,  10,  1. 

or  law  impairing  obligation  of  contracts,  1,  10,  1. 

shall   not  grant  any  title  of  nobility,   1,   10,   1. 

shall  not,  without  consent  of  Congress,  lay  duties 
on  imports  or  exports,  1,  10,  2. 

except  where  absolutely  necessary,  1,  10,  2. 

nor  lay  any  duty  on  tonnage,  1,  10,  3. 

nor   keep   troops    or    ships    of   war   in   time   of 
peace,  1,  10,  3. 

nor  enter  into  compact  or  agreement  with  other 
state,  1,  10,  3. 

nor  levy  war  unless  actually  invaded,  1,  10,  3. 

or  in  imminent  danger,  1,  10,  3. 

lull  faitli  and  credit  to  be  given  to  acts,  records, 
etc.,  of.  4,  1. 

citizens  entitled  to  privileges  and  immunities  in 
common,  4,  2,  1. 

new  States  may  be  admitted,  4,  3.  1. 

but  cannot  be  formed  within  jurisdiction  of  an- 
other, 4,  3,  1. 

nor  by  junction  of  States  or  parts  of  States  with- 
out consent,  4,  3,  1. 

nor  Avitliout  its  consent  can  a  State  be  deprived 
of  its  etiual  suffrage  in  Senate,  5. 

three-fourths  of    may    ratify  amendments,   5. 

republican  Government  guaranteed  to,  4,  4. 

to  be  protected  from  invasion,  4,  4. 

and  on   their  application   against   domestic   vio- 
lence, 4,  4. 

ratification  Constitution,  7. 

powers  not  delegated  to  United  States  nor  pro- 
liibited  to  States  are  reserved.  Am.  lu. 
SUntEME  COURT— judicial  power  vested  in,  3,  1. 

judges  to  hold  ofhce  during  good  behavior.  3,  1. 

compensation   of    judges  not    to    be  diminished 
during  term,  3,  1. 

original  jurisdiction  in  certain  cases.  3,  2,  2. 

appellate   jurisdiction,    regulations    of    Congress, 
3,  2,  3. 
SUPREME    LAW— Constitution,    laws,    and    treaties 
to  l)e.   (),  2. 

judges  in  every  State  bound  by,  G,  2. 
Constitution— 47 


554  INDEX  TO   U.   S.   CONSTITUTION. 

SUPPRESSION  OF   INSURRECTION— Congress  to 
provide  for.  Art.  1,  Sec.  8,  Subd.  15. 
debt  incurred  for  not  to  be  question,  Am.  14,  4. 

TAXES— bow  apportioned  among  tbe  States,  1,  2,  3. 
capitation  or  direct  to  be  in  proportion  to  cen- 
sus, 1,  0,  4. 
not  to  be  laid  on  articles  exported,  1,  9,  5. 
Congress  shall  have  power  to  levy  and  collect, 

1,  8,  1. 
to  be  uniform  throughout  the  United  States,  1,  8, 
1. 
TEMPORARY  APPOINTMENT— may    be    made    in 

vacancies  in  Senate,  1,  3,  2. 
TENDER  IN    PAYMENT— restriction    on    power    of 

State,  1.  10,  1. 
TERM    OF    OFFICE— of   President   and    Vice-Presi- 
dent,  2,   1,   1. 
of   Representatives,    1,   2,   1, 
of  Senators,  1,  3,  1. 
TERRITORY— Congress    to    dispose    of     and     make 

rules  for,  4,  3,  2. 
TESTIMONY — necessary   to   conviction    for  treason, 

3,  3,  1. 
TIMES,  PLACES,  AND    MANNER— of    elections  to 
Congress,  1,  4,  1. 
Congress  uniy  alter  regulations,  except.   1,  4,   1. 
TITUIC    OF    NOBILITY— United    States    shall     not 
grant,  1,  9,  8. 
no  State  sliall  grant.  1,  10,  1. 
I'nited   Suites  oflicial    not    to    accept   from  any 
king,  etc.,  1,  9,  8. 
TONNAGE— restriction  on  State  as  to  duty  of,  1,  10, 

3. 
TRANQUILITY— purpose  of  Constitution  to  insure, 

Preamble. 
TREASON- in  Avhat  consists,  3.  3.  1. 

testimony  necessary  to  convict  of,  3,  3,  1. 
Congress  to  declare  puiiislnnent  for,  3,  3,  2. 

attainder  of  not  to  Avork  corruption  of  blood,  3, 
•>   •> 

shall  not  work  forfeiture  except  during  life,  3,  3, 

removal  from  office  on  conviction  of,  2,  4,  1. 
privilege  from  arrest  not  lo  extend  to  cases  of. 
1.  0,  1. 


INDEX  TO  V.   S.   CONSTITUTION.  555 

TREASURY— money    drawn    from    only    in     conse- 
quence of  appropriation,  Art.  1,  Sec.  9,  Subd.  7. 
accounts  of  receipts  and  expenditures  to  be  pub- 
lislied,  1,  9,  7. 
TREATIES— President,  witli  concurrence  of  Senate, 
may  make,  2,  2,  2. 
judicial  power  to  extend  to  cases  under,  3,  2,  1. 
to  be  supreme  law  binding  on  all  judges,  6,  2. 
TREATY— no  State  shall  enter  into,  1,  10,  1. 
TRIAL — and  judgment  after  conviction  on  impeach- 
ment, 1,  3,  7. 
TRIAL  BY  JURY— of  all  crimes  except  cases  of  im- 
peachment, 3,  2,  3. 
to  be  held  in  State  where  crime  was  committed, 

3,  2.  3. 
wlien  not  committed  within  a  State,  to  be  where 

Congress  directs,  3,  2,  3. 
of  accused  to  be  speedy  and  public.  Am.  6. 
in  suits  at  common  law,  Am.  7. 
TRIBUNALS— inferior  to  Supreme  Court,  Congress 

may  establish,  1,  8,  9. 
TROOPS— State  shall  not  keep  in  time  of  peace,  1, 

10,  3. 
TWO-THIRDS— of  Senate  to  concur  in  conviction  on 
impeachment,  1,  3,  G. 
of  each  house  may  expel  a  member,  1,  5,  2. 
may  pass  a  bill  over  President's  veto,  1,  7,  2. 
concurrence  required  to  make  treaty,  2,  2,  2. 
of    States,   for    call    of    convention    to  propose 

amendments,  5. 
of  both  Houses  may  propose  amendments,  5. 
of   States    represented,  required    for    choice    of 

President  by  House,  Am.  12. 
of  Senators  required  for  election  of  Vice-Presi- 
dent, Am.  12. 
of  Congress  may  I'emove  disability  to  office,  Am. 
14,  3. 

UNION— purpose  of   Constitution   to   establish   more 
perfect.  Preamble, 
stafe  of,  to  be  given  to  Congress  by  President,  2, 

3    1. 
ncAV  States  may  be  admitted  into,  4,  3,  1. 
restrictions  as  to  formation  of  new  States,  4,  3,  I. 

unrp:asonable  searches  and  seizures— 

prohibited,  Am.  4. 


55©  INDEX  TO  U.  S.   CONSTITUTION.  * 

UNUSUAL  PUNISHMENTS— not  to  be  inflicted.  Am. 

8. 
USEFUL  ARTS— Congress  to  promote  progress  of,  1, 

8,  8. 

VACANCY— in    representation,     Executive   to    issue 

writs  of  election  to  fill,  1,  2,  4. 
in  Senate,  how  filled.  1,  3,  2. 

during  recess  of  Senate  to  be  filled  by  commis- 
sion, 2,  2,  3. 
VALIDITY    OF    PUBLIC    DEBT— not   to    be    ques- 
tioned. Am.  14,  4. 
VESSELS— from  port  of  one  State  not  to  be  obliged 

to  pay  duties  in  another.  1,  9,  6. 
VETO— of  bill  by  President,  proceedings  of  Congress 

on,  1,  7,  2. 
VICE-PKESIDENT— to  be  President  of  Senate,  1,  3, 

4. 
to  have  no  vote  except  on  equal  division,  1,  3,  4. 
Senate  may  choose  President  pro  tempore,  1,  3,  5. 
to  be  chosen  for  four  years,  2,  1,  1. 
number  of  electors  aiid  manner  of  appointing,  2, 

1.   2. 
duties  of  President,  when  to  devolve  on.  2,  1,  5. 
Congress  may  provide  by  law  for  appointment  of 

in  certain  cases,  2,  1,  5. 
removal  from  ottice  by  impeachment,  2,  4. 
manner  of  choosing,  by  electors.  Am.  12. 
to  be  named  by  electors  in  distinct  ballots,  Am. 

12. 
distinct  lists  to  be  signed,  certified,  and  sent  to 

President  of  Senate.  Am.  12. 
count  of  votes  by  President  of  Senate,  Am.  12. 
person   having  greatest  number  of  votes  to   be. 

Am.   12. 
if  no  person  have  majority,  Senate  to  choose,  Am. 

12. 
quorum  for  such  purpose  to  be  two-thirds,  Am. 

12. 
majority  of  whole  number  necessary  to  a  choice, 

Am.  12. 
wlion  to  act  as  President,  Am.  12. 
eligibility  to  officv  of,  Am.  12. 
VIIUJIXIA— representation   in  first  Congress,  1,  2,  3. 
VOTE— eacli  Senator  shall  liave  one,  1,  3,  1. 


INDEX  TO  V.   S.   CONSTITUTION.  557 

VOTE— Vice-President  not  to  have,  except  on  equal 
division,  Art.  1,  Sec.  3,  Subd.  4. 

requiring  concurrence  of  two  Houses  to  be  pre- 
sented to  I'resident,  1,  7,  3. 

right  to,  not  to  be  abridged  by  reason  of  race, 
color,  etc.,  Am.  15,  1. 

eacli  House  may  expel  a  member  by  two-thirds, 
1,  5,  2. 

bill  vetoed  may  be  passed  by  a  two-thirds,  1,  7,  2. 

of  two-thirds  required  for  conviction  on  impeach- 
ment, 1,  3,  6. 

two-thirds  of  Congress  necessary  to  propose 
amendments,  5. 

consent  of  two-thirds  Senate  necessary  to  make 
treaty,  2,  2.  2. 

two-tliirds  necessary  to  remove  disability  for 
ottice.  Am.  14,  3. 

WAR— power  of  Congress  to  declare,  1.  8,  11. 

poAver  to  make  rules  and  articles  of,  1,  8,  14. 
no  State,  without  consent  of  Congress,  to  engage 

in,  1,  10,  3. 
treason  consists  in  levying,  3,  3.  1. 
WARRANTS— to  issue  only  on  probable  cause.  Am.  4. 

on  oath  or  affirmation.  Am.  4. 
WEIGHTS      AND      MEASURES— Congress     to     fix 

standard  of,  1,  8,  5. 
WEI/FARE— purpose  of  Constitution  to  secure.  Pre- 
amble. 
Congress  shall  have  power  to  provide  for,  1,  8,  1. 
WITNESSES— no  person  to  be  compelled  to  testify 
against  himself,  Am.  5. 
accused  to  be  confronted  by.  Am.  6. 
accused  to  have  compulsory  process  for,  Am.  6. 
testimony   necessary  for  conviction  for  treason, 
3,  3,  1. 
WRITS— of  election  to  till  vacancies  in  representa- 
tion, 1,  2,  4. 
WRITTEN     OPINION— of    heads    of    departments. 
President  may  require,  2,  2,  1. 

YEAS  AND  NAYS— at  desire  of  one-fifth  to  be  en- 
tered on  .iournals.  1,  5,  3. 
passage  over  veto  to  be  determined  by,  1,  7,  2. 


INDEX 


TO   THE 


Constitution  of  California,  1879. 


[Kefereuces  are  to  articles,  sections,  and  pages,  re- 
spectively.] 


ABANDONED  CHILDREN— state  may  provide  for. 

Art.  4,  Sec.  22,  p.  88. 
ABSENCE— of   governor,  duties  devolve  on  lieuten- 
ant-governor, 5,  16,  p.  132. 
of  chief  justice,  selection  pro  tempore,  6,  2,  p.  139. 
of  judge  from  state,  6,  3,  p.  143. 
of  judicial  officer  when  a  forfeiture  of  office,  6,  9, 

p.  174. 
of  citizen  on  public  business  not    to  affect  resi- 
dence, 20,  12,  p.  349. 
ACCOUNT— of  receipts  and  expenditures  to  be  pub- 
lished. 4,  22,  p.  88. 
ACCOUNTABILITY— of  municipal  officers,  11,  5,  p. 

213. 
ACCUSED-rights  of,  1,  13,  p.  17. 
ACQUISITION  OF  PKOPEKTY— rights  of  aliens,  1, 

17,  p.  48. 
ACT  OF  LEGISLATURE— to  embrace  but  one  sub- 
ject, 4,  24,  p.  92. 
ACTION — corporations  may  sue  and  be  sued,  12,  4, 
p.  297. 
where  may  be  sued,  12,  14,  p.  284, 
(559) 


560  INDEX   TO   CONSTITUTION    OF   1S79. 

ACTIONS— limitation    of,  special    legislation    prohib- 
ited, Art.  4,  Sec.  25,  p.  99. 
real  Avhere  to  be  commenced,  6,  5,  p.  154. 
against   transportation    companies   for   excessive 

charges,  12,  22,  p.  289. 
unaffected  by  adoption  of  constitution,  22,  2,  p. 
3(31. 
ADJOURNMENT  OF  LEGISLATURE— for  want  of 
quorum,  4,  8,  p.  78. 
restriction  on  right  of,  4,  14,  p.  81. 
loss  of  per  diem  by,  4,  14,  p.  81. 
effect  of  on  passage  of  bills,  4,  16,  p.  82. 
power  of  governor  on  disagreement,  5,  11,  p.  130. 
ADJUSTMENT    OP    POPULATION— in    legislative 

districts,  4,  G,  p.  75. 
ADMISSION  TO  UNIVERSITY— 9.  9,  p.  199. 
ADOPTION  OF  CHILDREN— special  legislation  pro- 
hibited, 4,  25,  p.  99. 
AFFIDAVIT — required  of  justice  or  judge  on  draw- 
ing salary,  0,  24,  p.  187. 
to  sustain  issue  of  warrants,  1,  19,  p.  50. 
AFFIRMxVTION— See  Oath. 
AGED  PERSONS— state  may  provide  for  support  of. 

4,  22,  p.  88. 
AGENT — when  not  to  receive  extra  compensation,  4, 
32,  p.  119. 
of  transportation  company,  restrictions  as  to  in- 
terests, 12,   18,   p.  287. 
AGREEMENT  FOR  EXTRA  COMPENSATION— to 

public  otticials,  void,  4,  32,  p.  119. 
AGRICULTURAL  COLLEGE— provisions  regarding, 

!),  9,  p.  I'.t9. 
AGRICULTURAL   SOCIETY-how   to  ehvt   otlicers, 

12,  11,  1).  2S3. 
AID  FROM  I'UBLIC  FUNDS— to  private  institutions 
prohibited.  4,  22,  p.  88. 
to  religious  sects  proliibited,  4,  30,  p.  110. 
ALAMEDA — two  superior  court  judges  to  be  elected, 
0,  0,  p.  170. 
salary  of  judge  of  superior  court.  (!,  17,  p.  182. 
ALIENATION  OF  FRANCHISE- not  to  relieve  from 
liability,   12,   10,   p.   2S2. 


INDEX   TO   CONSTITUTION    OF    1879.  501 

ALIENS    DETRIMENTAL    TO    STATE— protection 
from,  Art.  19,  Sec.  1,  p.  340. 

foreigners  iueligible  to  citizenship  declared  dan- 
gerous, 19,  4,  p.  342. 

their  immigration  to  be  discouraged,  19.  4,  p.  342. 

provision  for  their  removal,  19,  4,  p.  342. 
AMENDATORY  ACTS— title  to,  4,  24,  p.  92. 
AMENDMENTS  TO  BILLS— how  made,  4,  15,  p.  81. 

to  be  printed,  4,  15,  p.  81. 

to  laws,  how  enacted,  4,  24,  p.  92. 

to  city  ch;irter,  how  made,  11,  8,  p.  227. 
AMENDMENT   TO   CONSTITUTION— may   be  pro- 
posed in  either  house,  18,  1,  p.  337. 

two-thirds  A^ote  required,  18,  1,  p.  337. 

to  be  submitted  to  vote  of  people,  18,  1,  p.  337. 

several,  to  be  voted  on  separately,  18.  1,  p.  337. 

if  ratified  by  majority,  part  of  constitution,   18, 

I,  p.  337. 

AMERICAN  UNION— state  part  of,  1,  3.  p.  5. 
APPELLATE  JURISDICTION— of  supreme  court,  6, 
4,  p.  144. 
of  superior  court,  G,  5,  p.  154. 
APPOINTMENT     AND     REMOVAL-of     board     of 
prison  directors,  10,  1,  p.  204. 
of  warden  and  clerk,  10,  3,  p.  205. 
of  subordinate  officers  and  employees,  10,  3,  p. 

205. 
of  inspection  officers,  by  municipal  corporations, 

II,  14,  p.  258. 

to  be  according  to  legislative  direction,  20,  4,  p. 
340. 
APPORTIONMENT— of  members  of  legislature,  4,  G. 
p.  75. 
of  business  of  superior  courts,  0,  7,  p.  173. 
of  railroad  values  on  assessment,  13,  10,  p.  318. 
Al»PROPRIATION  BILL— governor  may  veto  separ- 
ate items  of,  4,  10,  p.  82. 
duty  of  governor  as  to,  4,  10,  p.  82, 
what  bill  to  contain,  4,  29,  p.  115. 
what  proliibited,  4,  30,  p.  110. 
for  specific  purpose  to  contain  but  one  item,  4, 
34,  p.  121. 
APPROPRIATION— of  water,  14,  1,  p.  321. 


562  INDEX   TO    COXSTITUTION    OF    1879. 

APPROPRIATIONS— to    eleemosynary    institutions, 
pro  rata  to  counties,    cities,  and  towns,  Art.  4. 
Sec.  22,  p.  88. 
for  private  corporations  and  institutions,  4,  22,  p. 

88. 
restriction  on  powers  of  legislature,  4,  22,  p.  88. 
for  support  of  orphans,  etc.,  4,  22,  p.  88. 
by  legislature  and  local  governments,  restriction 
on,  4,  30,  p.  116. 
ARCHIVES— all  laAvs,  official  writings,  and  proceed- 
ings to  be  preserved,  4,  24,  p.  92. 
ARMY-  standing  not  to  be  kept,  1,  12,  p.  17. 
ARREST— members  of  legislature  privileged  from,  4, 
11,  p.  80. 
privilege  of  electors  from,  2,  2,  p.  57. 
ARTIFICIAL     LIGHT— right    of    cities    to    regulate 

charges,  11,  19,  p.  2G5. 
ARTISANS— secured  by  lien  on  property,  20,  15,  p. 
349. 
legislation  to  provide  for  enforcement  of,  20,  15, 
p.  349. 
ASIATIC  COOLIEISM— a  form  of  slavery,  19,  4,  p. 
342. 
forever  prohibited,  19,  4,  p.  342. 
ASSEMBLAGES   OF   PEOPLE— guaranty   as   to,    1, 

10,  p.  12. 
ASSEMBLY— legislative  power  vested  in,  4,  2,  p.  73. 
members,  when  and  how  chosen,  4,  3,  p.  73. 
term  of  office,  4,  6,  p.  75. 
number  of  members,  4,  5,  p.  74. 
districts  to  be  formed,  4,  6,  p.  75. 
vacancies,  how  tilled,  4,  12,  p.  80. 
to  have  sole  power  of  impeachment,  4,  17,  p.  84. 
compensation  of,  4,  23,  p.  91. 

attachment  of  district  to  form  congressional  dis- 
trict, 4,  27,  p.  114. 
district  not  to  he  divided,  4,  27,  p.  114. 
ASSEMl'.LY  DISTRICTS— organization  of,  4,  6,  p.  75. 
each  to  clioose  one  member,  4,  6,  p.  75. 
to  be  numhered  from  one  to  eighty,  4,  6,  p.  75. 
ASSESSMENT— a  pi)ellute    jurisdiction    of    supreme 
court,  6,  4.  p.  144. 
original  jurisdiction  of  superior  courts,  6,   5,  p. 
154. 


INDEX    TO    CONSTITUTION    OF    1879.  5G3 

ASSESSMENT— under    township    organization,    Art. 
11,   Sec-.  4,  p.  211'. 
of  municipal  taxes,  11,  12,  p.  252. 
for  street  iuiprovements,  11.  19,  p.  2G5. 
to  be  in  proportion  to  benefits,  11,  19,  p.  265. 
of  lands  for  taxes,  13,  2,  p.  308. 
of  lands  seotionized  and  not  sectionized,  13,  3,  p. 

308. 
mortgages,  deeds  of  trust,  etc.,  deemed  property, 

13,  4,  p.  308. 

of  securities,  how  made,  13,  4,  p.  308. 
of  railroads,  13.  4,  p.  308. 
equalization  of,  13,  9,  p.  313. 

property,  where  and  how  assessed,  13,  10,  p.  318. 
of  railroad  franchises,  13,  10,  p.  318. 
apportionment  of  railroad  values,  13,  10.  p.  318. 
securities,  to  whom  assessed,  13,  4,  p.  308. 
where  to  be  made,  13,  10,  p.  318. 
of  taxes  to  be  under  general  laws,  4,  25,  p.  99. 
for  income  tax,  13,  11,  p.  320. 
See  Taxation. 
ASSETS— of  corporations  to  be  entered  on  books,  12, 

14,  p.  284. 

ASSIGNMENT    OF    JUSTICES— to    departments   of 

supreme  court,  0,  2,  p.  139. 
ASSOCIATE  .lUSTICES— subject  to  impeachment,  4, 

15,  p.  85. 

to  be  assigned  to  departments  of  supreme  court, 

(1,  2,  p.  1.39. 
competent  to  sit  in  either,  6,  2,  p.  139. 
may  freely  interchange,  G,  2,  p.  139. 
tJiree  necessary  to  transact  business,  6,  2,  p.  139. 
may  act  in  chambers,  G,  2,  p.  139. 
four   may  order  hearing  in  bank,  G,  2,  p.  1.39. 
when  concvurence  of  four  necessary  to  judgment, 

G,  2.  p.  139. 
to  select  one  to  preside,  6,  2,  p.  139. 
when  to  select  chief  justice  pro  tempore,  6,  2,  p. 

139. 
time  and  place  of  election,  6,  3,  p.  143. 
term  of  office,  G,  3,  p.  143. 
those  first  elected  to  classify  themselves,  6,  3,  p. 

143. 


564  INDEX    TO    CONSTITUTION    OF   1S79. 

ASSOCIATE    JUSTICES— two    to    be    elected    every 
four  years,  Art.  6,  Sec.  3,  p.  143. 
appointment  by  governor  in  case  of  vacancy,  6, 

3,  p.  143. 

ASSOCIATION— no  appropriations  if  not  under  state 
control.  4,  22,  p.  88. 
cannot  acquire  rights,  etc.,  by  special  legislation, 

4,  25.  p.  99. 

included  in  term  "corporations."  12,  4.  p.  279. 
where  may  be  sued.  12.  IG,  p.  285. 
subject  to  assessment  for  income  tax,  13,  11,  p. 
320. 
ASYLUMS— not  under  state  control,  not  entitled  to 

appropriations.  4,  22.  p.  88. 
ATTACHES  OF  LEGISLATURE— compensation  of, 

4,  23.  p.  91. 
ATTAINDER,  BILLS  OF— prohibited,  1,  16,  p.  41. 
ATTORNEY  GENERAL— subject  to  impeachment,  4, 
18,  p.  85. 
mode  and  time  of  election.  5,  17,  p.  133. 
term  of  ofQce,  5.  17.  p.  133. 
duties  of  office,  5.  17.  p.  133. 
compensation  of,  5.  19.  p.  134. 
AYES  AND  NOES— on  urgency  for  passage  of  bill, 
4,  15.  p.  81. 
to  be  talcen  on  each  bill  separately,  4.  15.  p.  81. 
when  to  be  entered  on  journal.  4,  10.  p.  79. 
on  removal  of  justices  or  judges,  to  be  entered 

on  journal,  C,  10.  j).  175. 
on  proposed  amendment  to  constitution.  IS,  1,  p. 

337. 
and  to  be  entered  on  journal.  18,  1,  p.  337. 

BAIL— allowed  on  sufficient  sureties,  1.  6,  p.  7. 
except  in  capital  offenses,  etc.,  1,  6,  p.  7. 
excessive  not  to  be  rciiuircd.  1.  6.  p.  7. 
BALLOTS— all  elections  to  l)e  by  ballot.  2,  5,  p.  60. 
for  election  of  new  constitution  to  be  dlsti'ibuted, 
22,  5,  p.  363. 
BANKING— restriction  on  power  of  logislaturo.  12.  5, 
p.  280. 
corporations  may  be  foriiicd  under  general  laws, 

12,  5,  p.  2S(i. 
only  lawful  money  of  United  States  to  be  circu- 
lated, 12,  5,  p.  280. 


INDEX   TO   CONSTITUTION   OF   1870.  5G5 

BASIS— of  representation.   Art.  4,  Sec.  6,  p.  75. 
BIENNIAL— sessions  of  legislatui'e,  4,  2,  p.  73. 
BILLS— limitation  of  time  for  introduction  of,  4,  2,  p. 
73. 
how  to  be  put  on  their  passage,  4,  15.  p.  81. 
when  passed  to  be  submitted  to  governor,  4,  16, 

p.  82. 
power  of  governor  to  sign  or  disapprove,  4,  IG, 

p.  82. 
when  to  become  a  law,  4,  IG,  p.  82. 
passage  over  veto,  4,  16,  p.  82. 
making  appropriation  to  contain  but  one  item,  4, 
34,  p.  121. 
BILLS  OF  ATTAINDER- prohibited,  1,  16,  p.  11. 
BOARD    OP     CANVASSERS— on    new    constitution, 

duty  of,  22,  8,  p.  3<)5. 
BOARD  OF  EDUCATION— to  adopt  text-books,  9,  7, 
p.  196. 
to  control  examination  of  teachers,  9,  7,  p.  196. 
and  grant  teachers'  certificates,  9,  7,  p.  196. 
restriction  as  to  power  to  incur  debt,  11,  18,  p. 
259. 
BOARD  OF  EQUALIZATION— to  be  elected,  13,  9, 
p.  3]  3. 
term  of  office  and  duties  of,  13,  9,  p.  313. 
controller,  a  menilier  ex  otficio,  13,  9,  p.  313. 
authority  of  board,  13,  9,  p.  313. 
supervisors  to  constitute  county  boards,  13,  9,  p. 
313. 
BOARD    OF    FREEHOLDERS— election  and  qualifi- 
cation of,  11,  8,  p.  227. 
duties  of,  11,  8,  p.  227. 
to  prepare  charter,  11,  8,  p.  227. 
BOARD   OF   SUPERVISORS— when   to   adopt   text- 
books, 9,  7,  p.  196. 
duty  and  authority  as  to  teachers,  9,  7,  p.  196. 
election  and  appointment  of,  11,  5,  p.  213. 
certain  cities  to  have  two  boards,  11,  7,  p.  225. 
election,  term,  and  classification  of.  11,  7,  p.  225. 
to  be  a  board  of  equalization,  13,  9,  p.  313. 
to  fix  water  rates,  14,  1,  p.  321. 
BONDS— taxable,  13,  1,  p.  294. 
Constitution— 48 


566  INDEX   TO   CONSTITUTION   OF   1879. 

BONDS  OF  CORPORATIONS— not  to  be  issued  ex- 
cept for  money,  labor,  or  property,  Art.  12,  See. 

11,  p.  2S2. 

when  may  be  increased,  12,  11,  p.  282. 
BOOKS  OF  RECORD— to  be  liept  by  corporations, 

12,  14,  p.  284. 

what  to  be  entered  on.  12,  14,  p.  284. 
railroad  commissioners  to  prescribe  form  for  ac- 
counts, 12,  22,  p.  289. 
BOUNDARY  OF  STATE— 21,  1,  p.  355. 
BREACH  OF  THE  PEACE— no  privilege  from  ar- 
rest, 4,  11,  p.  80. 
BRIBERY— conviction    for    disfranchises,    20,    11,   p. 
348. 
a  disqualification  for  office,  20,  11,  p.  348. 
compulsory  testimony  in  cases  of,  4,  35,  p.  122. 
BRIDGES— special  legislation  prohibited,  4,  25,  p.  99. 
BUSINESS— sex  not  a  disqualification,  20,  18,  p.  352. 

right  to  conduct,  p.  4. 
BUTTE  COUNTY— salary  of  judge  of  superior  court, 
6,  IT,  p.  182. 

CALIFORNIA  SCHOOL  OF  MECHANICAL  ARTS— 
property  of  exempt  from  taxation,  9,  11,  p.  202. 
CANAL  COMPANIES— are  common  carriers,  12,  17, 
p.  2SG. 
officers  of  not  to   be  interested  in  certain  con- 
tracts, 12,  18,  p.  287. 
CAPITAL  OFFENSES— when  not  bailable,  1.  G,  p.  7. 
CAPITAL  STOCK  OF  CORPORATIONS— subject  to 
legislative  control,  4,  2G,  p.  112. 
to  be  entered  on  books,  12,  14,  p.  284. 
CAPITATION   TAN— legislature  may  provide  for  a 
poll  tax,  13,  12,  p.  320. 
or  for  income  taxes,  13,  11,  p.  320. 
CEMET?:RIES— special  legislation  prohibited,  4,  25, 

p.  99. 
CENSUS— the  basis  of  adjustment  of  legislative  dis- 
tricts, 4,  G.  p.  75. 
CERTIORARI— jurisdiction    of    supreme    court,  G,  4, 
p.  144. 
of  supiM-ior  coiH't,  6,  5,  p.  154. 
CHAM BIORS— justice  of  supreme  court  may  act  in, 
G.  2,  p.  139. 
judges  of  superior  courts  may  act  in,  G,  14,  p.  181. 


INDEX   TO   CONSTITUTION   OF   1879.  5()7 

CHANGE  OF  COUNTY  SEAT— to  be  by  general  laws 

alone,  Art.  4,  Sec.  25,  p.  99. 
CHANGE  OF  NAMES— special  legislation  prohibited, 

4,  25,  p.  99. 
CHANGE  OF  PLACE  OF  TRIAL— in  libel  cases,  1, 
9,  p.  11. 
in  railroad  cases,  12,  16,  p.  285. 
CHANGE  OF  VENUE— special  acts  prohibited,  4,  25, 

p.  99. 
CHARGE  TO  JURY— 6,   19,  p.  183. 
CHARTER— cannot  be  granted  by  special  act,  4,  25, 
p.  99. 
for  banliing  purposes  prohibited,  12,  5,  p.  280. 
but  corporations  may  form  under  general  laws, 

12,  5,  p.  280. 
invalid  for  want  of  organization  under,  12,  6,  p. 

280. 
not  to  be  extended,  12,  7,  p.  280. 
nor  forfeiture  remitted,  12,  7,  p.  280. 
business  restricted  to  terms  in,  12,  9,  p.  281. 
CHARTER  OF  MUNICIPAL  CORPORATION— how 
obtained,  11,  8,  p.  227. 
when  and  how  framed,  11,  8,  p.  227. 
board  of  freeholders  may  prepare,  11,  8,  p.  227. 
copy  to  be  deposited  with  secretary  of  state,  11, 

8,  p.  227. 
and  a  copy  to  be  recorded,  11,  8,  p.  227. 
judicial  notice  to  be  talvcn,  11,  8,  p.  227. 
may  be  amended,  11,  8,  p.  227. 
approval  of  three-fifths  of  voters  necessary,  11, 

8,  p.  227. 
how  presented  to  voters,  11,  8,  p.  227. 
may  contain  what,  11,  8I/2.  P-  238. 
CHIEF  JUSTICE— subject  to  impeachment,  4,  18,  p. 
85. 
authority  and  duties  of,  6,  2,  p.  139. 
time  and  place  of  election,  6,  3,  p.  143. 
CHIEF  MAGISTRATE— styled  governor  of  Califor- 
nia, 5,  1,  p.  124. 
CHILDREN— adoption  and  legitimation  of,  4,  25,  p. 

99. 
CHINESE— excluded  from  right  of  suffrage,  2,  1,  p. 
54. 
legislature  to  provide  for  protection  against,  19, 
1,  p.  340. 


568  INDEX   TO    CONSTITUTION   OF   1879. 

CHINESE— to  impose  conditions  on  tlieir  residences 
Art.  19,  Sec.  1,  p.  340. 
to  provide  for  their  removal  from  tlie  state,  19, 

I.  p.  340. 

corporations  prohibited  from  emploving,  19,  2,  p. 

341. 
municipal  corporations  prohibited  from  employ- 
ing, 19,  3,  p.  341. 
not  to  be  employed  on  public  works,  19,  3,  p.  341. 
penalty  to  be  prescribed  for  importing  coolies,  19, 

4,  p.  312. 
their  immigration  to  be  discouraged,  19,  4,  p.  342. 
power  to  be  delegated   to  cities  and  towns  for 

tlieir  removal,  19,  4,  p.  342. 
provisions  to  prohibit  their  introduction,  19,  4,  p. 

342. 
and   to  provide   for   protection   against   evils  of 

their  presence,  19.  4,  p.  342. 
legislature   to   enforce   constitutional   provisions, 

19,  4,  p.  342. 
CHURCH— appropriations  to,  prohibited.  4.  30,  p.  116. 
CITIES — to  share  in  appropriations  to  oii^hans,  etc., 

4,  22,  p.  88. 
CITIZENS— rights  of,  1,  9.  p.  H. 

privileges  and  immunities  of,  1,  21,  p.  51. 

right  of  suffrage,  2,  1,  p.  54. 

not  to  be  deprived  of  life,  liberty,  etc.,  without 

due  process  of  hnv,  1,  13.  p.  17. 
CITIZENSHIP— under  Treaty  of  Queretaro.  2,  1.  p. 

54. 
lost,  cannot  be  restored  by  special  act,  4,  25,  p. 

99. 
CITY— may  be  divided  into  congressional  districts,  4, 

27,  p.  114. 
oflicers  to  be  governed  by  general  laws  only,  4, 

25,  p.  99. 
what  appropriations  jjrohibitcd.  4,  30.  p.  IK!, 
mode  of  fiainiiig  ch.-irter.  11,  8.  j).  227. 
board   of  freeholders,   wlien   may   frame  charter, 

II,  8,  p.  227. 

cliarter,  to  be  published,  11,  8.  p.  227. 
to  be  submitted  to  vole,   11,  8,  ]).  227. 
if  ratilied  to  be  submitted  to  legislature,   11,  8, 
p.  227. 


INDEX   TO   CONSTITUTION   OF    1870.  569 

CITY— if  approved,  it  becomes  the  charter,  Art    11, 
Sec.  8,  p.  227. 
protection  from  alien  paupers,  19,  1,  p.  340. 
CITY    AND    COUNTY— right  to  share  in  appropria- 
tions granting  aid,  4,  22,  p.  88. 
not  to  be  divided  in  forming  congressional  dis- 
trict, 4,  27,  p.  114. 
restriction  on  appropriations,  4,  30,  p.  116. 
governments  may  be  merged  and  consolidated,  11, 
7,  p.  225. 
CITY,  COUNTY.  OR  TOWNSHIP— right  to  share  in 
appropriations  to  institutions,  4,  22,  p.  88. 
prohibited  from  aiding  religious  sect  or  creed,  4, 

30,  p.  116. 

prohibited  from   loaning  or  giving  its  credit,  4, 

31,  p.   116. 

inferior  courts  may  be  established  in,  6,  1,  p.  137. 

a  subdivision  of  state,  11,  1,  p.  208. 

may  organize  under  general  laws,  11,  6,  p.  218. 

compensation  of  officers  of,  11,  9,  p.  240. 

not  to  be  released  from  share  of  taxes,  11,  10,  p. 

241. 
commutation  of  taxes  prohibited,  11,  10,  p.  241. 
may  enforce  local  police  and  sanitary  regulations, 

11.  11,  p.  242. 
legislature  may  vest  power  of  ta.xation  in,  11,  12, 

p.  2.-52. 
to  appoint  inspection  officers,  11,  14,  p.  258. 
money  collected  to  be  paid  into  treasury,  11,  16, 

p.  258. 
restriction   as  to  incurring  indebtedness,   11,   18, 

p.  259. 
liabilities  of,  when  void,  11,  18,  p.  259. 
to  regulate  water  rates,  14,  1,  p.  321. 
penalty  for  neglect,  14,  1,  p.  321. 
to  be  protected  from  alien  paupers,  etc.,  19,  1, 

p.  340. 
to  have  power  to  remove  the  same,  19,  4,  p.  342. 
provisions  for  prohibiting  their  introduction,  19, 

4,  p.  342. 
CITY  COUNCII.— to  fix  water  rates.  14,  1,  p.  321. 
CIVIL  ACTIONS— three-fourths  of  jury  may  decide, 

1,  7,  p.  8. 
jury  may  be  waived,  1,  7,  p.  8. 
imprisonment  in,  1,  15,  p.  41. 


570  I>-DEX   TO   CONSTITUTION   OF   1879. 

CIVIL  OFFICERS— trial  of,  for  misdemeauor,  Art.  4. 

Sec.  IS,   p.  85. 
CLASSIFICATION— of  justices  of  supreme  court,  6. 
3,  p.  14:;,. 
of  couuties,  11,  5,  p.  213. 
of  senators  at  election  of  1882,  4,  5,  r>.  74. 
of  municipal  corporations,  11,  6,  p.  218. 
of  state  prison  ilnvctors.  lu.  i.  |i.  _    ., 
of  superior  judges  in  San  Francisco,  G,  6,  p.  170. 
of  supervisors.  11,  7.  p.  225. 
CLAIMS  AGAINST  STATE  OR  LOCAL  GOVERN- 
MENT—not  to  be  allowed,  4,  32,  p.  119. 
CLERK— of  supreme  court,  legislature  to  provide  for 
election  of,  6,  14,  p.  181. 
county  clerk  to  be  ex  officio  clerk  of  courts  of 

record,  6,  14,  p.  181. 
of  state  prison,  appointment  by  board,  10,  3,  p. 

205. 
powers  and  duties  of,  to  be  defined,  10,  5,  p.  20(1. 
of  county,  duty  on  election  for  new  constitution. 
22,  G,  p.  3G4. 
CLERICAL  OFFICERS— salary  of,  5,  19,  p.  134. 
CLERICAL  SERVICES— limitation  of  compensation, 

5.  10.  p.  134. 
COLLECTION  OF  TAXES— to  be  governed  by  gen- 
eral laws,  4,  25,  p.  99. 
of  municipal  taxes,  11,  12,  p.  252. 
COLLEGE— appropriation,  when  prohibited,  4,  30,  p. 

IIG. 
COLLEGE    OF    A(JRICULTURE— to    be    supported 
and  maintained.  9,  9,  p.  199. 
fund  for  to  be  inviolate,  9,  9,  p.  199. 
COMBINATIONS— between  transportation  companies 

prohibited,  12,  20.  p.  288. 
COMMANDER-IN-CHIEF— of  miUtia,  5,  5.  p.  12G. 

governor  to  continue  as,  5,  1(»,  p.  132. 
COMMISSIONERS— to  be  elected  or  appointed,  20, 
4,  p.  -Mi-,. 
tei-m  of  ofIif;e  of,  20,  IG,  p.  350. 
COMMISSIONS— to    l)e    sealed    and    signed    by    gov- 
ernor, 5,  14,  p.  131. 
to  militia  ofhcer  to  be  signed  by  governor,  8,  1, 
p.  190. 
COMMITMENT— for  offen.ses,  1,  8,  p.  10. 


INDEX   TO   CONSTITUTION   OF   1879.  571 

COMMON  CARIIIERS— railroads,  canals,  and  trans- 
portation companies  are,  Art.  12,  Sec.  17,  p.  28(5. 

subject  to  legislative  control,  12,  17,  p.  286. 

when  not  to  combine  to  share  earnings,  12,  20,  p. 
288. 

rates  lowered  cannot  be  raised  without  consent 
of  government,  12,  20,  p.  288. 

discriminating  rates  prohibited,  12,  21,  p.  289. 

charges  at  way  stations,  12,  21,  p.  289. 

excursion  and   commutation   tickets   may   be   at 
special  rates,  12,  21,  p.  289. 

See  Railroad  Companies. 
COMMON  SCHOOLS— not  subject  to  local  or  special 
acts,  4,  2.J,  p.  99. 

source  aud  origin  of  funds.  9,  4,  p.  193. 

legislature  to  provide  for  system  of,  9,  5,  p.  194. 

system  to  include  primary  and  grammar  schools, 
9,  (J,  p.  195. 

funds  to  be  applied  exclusively  thereto,  9,  6,  p. 
195. 

no  sectarian  doctrine  to  be  taught,  9,  8,  p.  199. 
COMMUNICATION  OF  GOVERNOR— to  legislature, 

5,  10,  p.  130. 
COMMUTATION    OP    SENTENCE— power    of   gov- 
ernor, 7,  1,  p.  188. 
COMMUTATION  OF  TAXES  PROHIBITED— 11,  10, 

p.  241. 
COMPENSATION— to  be  first  made  on  taliing  prop- 
erty for  public  use,  1,  14,  p.  31. 

of  members  of  legislature,  4,  23,  p.  91. 

in  case  of  adjournment,  4,  14,  p.  81. 

extra  cannot  be  granted,  4,  32,  p.  119. 

of  state  officers  not  to  be  diminished  or  increased, 
5,  19,  p.  134. 

of  clerlv  of  supreme  court,  G,  14,  p.  181. 

to  justices  and  judges,  6,  17,  p.  182. 

of  justices  to  be  paid  by  state,  G,  17,  p.  182. 

half  salary  of  judges  to  be  paid  by  state,  6,  17, 
p.  182. 

and  half  by  counties,  G,  17,  p.  182. 

of  board  of  state  prison  directors,  10,  4,  p.  205. 

of  county  oflk-ers,  11,  5,  p.  213. 

of  county,  city,  and  town  officers,  not  to  be  in- 
creased, 11,  9,  p.  240. 


572  INDEX   TO   CONSTITUTION    OF   1879. 

COMPULSORY  PROCESS— accused  entitled  to  pro- 
cure witnesses,  Art.  1,  Sec.  13,  p.  17. 
on  failure  of  supervisors  to  fix  water  rates,  14, 
1,  p.  321. 
CONCURRENCE  NECESSARY  TO  JUDGMENT  IN 

SUPREME  COURT— 6,  2,  p.  139. 
CONDEMNATION  TO  PUBLIC  USE— See  Eminent 

Domain. 
CONDITION  OF  STATE— governor  to  communicate 

to  legislature,  5,  10,  p.  130. 
CONDITIONS  IMPOSED  ON  FOREIGN  CORPORA- 
TIONS—12,  15,  p.  284. 
CONFESSION  IN  OPEN  COURT— effect  of,  1,  20,  p. 

50. 
CONGRESSIONAL  DISTRICTS-bow  formed,  4,  27, 
p.  114. 
of  contiguous  assembly  districts,  4.  27,  p.  114. 
assembly  district  not  to  be  divided.  4,  27.  p.  114. 
CONSOLIDATION      OF      MUNICIPAL      GOVERN- 
MENTS— to  be  under  general  laws,  11,  7,  p.  225. 
provisions  applicable,  11,  7.  p.  225. 
two  boards  of  supervisors  to  be  elected,  11,  7,  p. 
225. 
CONSTABLE— local  and  special  acts  prohibited,   4, 

25,  p.  99. 
CONSTITUTION— the  supreme  law.  1.  3,  p.  5. 

provisions  mandatory  and  prolul)itory,   1,  22,  p. 

52. 
mode  of  amending,  IS.  1,  p.  337. 
mode  of  revision.  IS,  2.  p.  33S. 
when  it  takes  elVect.  22.  12,  p.  308. 
submission  to  vote  of  people,  22.  2,  p.  361. 
CONTA(iIOlIS  DISEASES— protection  from,  19.  1.  p. 

340. 
CONTINGENT  EXPENSES— of  legislature.  4,  2.'i.  p. 

91. 
CONTRACTOR— Avlien  not  to  receive  extra  compen- 
sation, 4,  32,  p.  119. 
CONTRACTS— obligations  of  not  to  be  impaired,  1, 
16,   p.  41. 
taxation  of,  13,  4,  p.  308. 
existing  not  to  be  alTecled.  22.  1,  p.  357. 
for  sale  of  stocks  on  margin,  void,  4,  20,  p.  112. 


INDEX    TO   CONSTITU'TION   OF   1S70.  573 

CONTRACTS— to  pay   tax   on   loan   or   its   security, 
void,  Art.  13,   Sec.  5,  p.  311. 

for  coolie  labor,  void,  19,  4,  p.  342. 

of  marriage,  validity  of,  20,  7,  p.  347. 
CONTROLLER— subject  to  impeachment,  4,  18,  p,  85. 

how  chosen,  5.  17.  p.  133. 

term  of  office,  5.  17,  p.  133. 

compensation  of,  5,  19,  p.  134. 

a  member  ex  officio  of  board  of  equalization,  13, 

9,  p.  313. 

to  canvass  returns  of  election  on  I'evision,  18,  2, 

p.  338. 
CONVENTION    FOR    REVISION— how    and    when 

formed  18,  2,  p.  338. 
of  what  to  consist,  18,  2,  p.  338. 
delegates,  when  to  meet,  18,  2,  p.  338. 
constitution  to  be  submitted  to  vote,  18,  2,  p.  338. 
return  and  proceedings  thereon,  18,  2,  p.  338. 
executive  to  declare  result,  18,  2,  p.  338. 
majority  required  to  ratify,  18,  2,  p.  338. 
proclamation  of  governor,  18,  2.  p.  338. 
legislature  may  provide  for  expenses  of,  20,  19, 

p.  353. 
CONVICTION— for   crime  deprives   privilege    of    an 

elector,  2,  1,  p.  54. 
two-thirds  of  senate  to  concur  on,  4,  17,  p.  84. 
for  embezzlement  to  disqualify  for  office,  4,  21, 

p.   88. 
for  lobbying,  disfranchises,  4,  35,  p.  122. 
for  offering  bribe  for  election  disqualifies  for  of- 
fice, 20,  10,  p.  348. 
for  bribery  and  forgery  disfranchises,  20,  11,  p. 

348. 
so  for  malfeasance  in  office  and  for  other  high 

crimes,  20,  11,  p.  348. 
reprieve  and  pardon  after,  7,  1,  p.  188. 
CONVICT    LABOR— to  be  regulated  by  legislature, 

10,  0.  p.  200. 

excluded  from  right  to  office,  4,  21,  p.  88. 
not  to  be  let  out  by  contract,  10,  6,  p.  206. 
CONVICTS— deprived  of  right  to  vote,  2,  1,  p.  54. 
cannot  be  restored  to  citizenship  by  special  act, 
4,  25,  p.  99. 


574  i?fDE5  TO  coxsTixrxioy  OF  1S79. 

COOLIE  LABOR— contracts  for  void,  Art.  19,  Sec.  4. 

p.  342. 
COOLIEISM— a  form  of  slavery,  prohibited,  19,  4,  p. 

342. 
CO-OPERATIVE    SOCIETIES— election    of    officers, 

12,  12.  p.  2S3. 
CORPORATIONS — conditions  precedent  to  appropria- 
tion of  right  of  way.  1,  14,  p.  31. 

vrhen  not  to  receive  state  appropriations,  4,  22, 
p.  88. 

cannot  acquire  rights  by  special  legislation,  4,  25. 
p.  99. 

liability  of  cannot  be  released  by  special  act,  4, 
25,  p.  99. 

sale  of  stock  to  be  controlled  bv  legislature,  4,  26, 
p.  112. 

state  cannot  subscribe  for  stock  of,  4,  31.  p.  116. 

rates  of  charges  to  be  regulated,  4,  33.  p.  121. 

cannot  select  persons  to  regulate  charges  for  ser- 
vices and  materials  furnished,  4,  33.  p.  121. 

to  be  formed  under  general  laws,  12,  1.  p.  270. 

laws  creating  may  be  altered  or  repealed,  12,  1, 
p.  270. 

dues  to  be  secured  by  individual  liability,  12,  2, 
p.  273. 

stockholder's  liability,  12,  3,  p.  274. 

term  includes  associations  and   joint-stock  com- 
panies, 12,  4,  p.  279. 

may  sue  and  be  sued,  12,  4.  p.  279. 

where  may  be  sued,  12.  16.  p.  285. 

for  banking  purposes  prohibited,  12,  5,  p.  280. 

cannot    circulate  any  but  lawful    money  of    the 
United  States,  12,  5,  p.  280. 

certain  existing  charters  and  franchises  avoided, 
12,  6,  p.  280. 

existing  charters  not  to  be  extended,  12,  7,  p.  280. 

nor  can  thoir  forfeiture  be  remitted,  12,  7,  p.  280. 

not  to  injure  rights  of  individuals  or  welfare  of 
state,  ]2.  8,  p.  281. 

to  be  subject  to  right  of  eminent  domain.  12,  8, 
p.  281. 

police  i)ower  over,  not  to  be  abridged,  12,  8,  p. 
281. 

limited  to  business  authorized  in  charter,   12,  9, 
p.  281 


INDEX   TO   CONSTITUTION   OF   1879.  575 

CORPORATIONS— restriction  on  tenure  of  real  es- 
tate, Art.  12,  Sec.  9,  p.  281. 
not  relieved  from  liability  by  lease  or  alienation, 

12,  10,  p.  282. 
indebtedness  not    to  be  increased  under  special 

act,  12,  11,  p.  282. 
restriction  on  issue  of  stocli  or  bonds,  12,  11,  p. 

282. 
notice  required  on  increase  of  stocli,  12,  11,  p.  282. 
voting  at  elections  by  stockholders,  12,  12,  p.  283. 
cumulative  vote  allowed,  12,  12,  p.  283. 
or  distributive  vote,  12,  12,  p.  283. 
exception  as  to  co-operative  societies,  12,  12,  p. 

283. 
State  not  to  give  or  loan  its  credit  to,  12,  13,  p. 

283. 
nor  to  subscribe  to  stocli  of,  12,  13,  p.  283. 
to  have  otiice  within  state,  12,  14,  p.  281:. 
religious  and  benevolent  societies  excepted,  12,  14, 

p.  284. 
books,  etc.,  to  be  open  to  inspection,  12,  14,  p.  284, 
to  contain  certain  entries,  12,  14,  p.  284. 
foreign  corporations  not  to  be  favored,  12,  15,  p. 

284. 
where  may  be  sued,  12.  16,  p.  285. 
place  of  trial  may  be  changed,  12,  16,  p.  285. 
rights  and  liabilities  of  transportation  companies, 

12,  17, 'p.  286. 
officers  of,  restrictions  on,  12,  18,  p.  287. 
free  passes  to  officials  prohibited,  12,  19,  p.  288. 
fares  and  freights  to  be  regulated,  12,  20,  p.  288. 
discrimination  in  charges  forljidden,  12,  21,  p.  289. 
forfeiture  of  franchise  for  illegal  water  raies,  14; 

1,  p.  321. 
not  to  exclude  right  of  way  in  harbors,  15,  2,  p. 

328. 
may  be  assessed  for  income  tax,  13,  11,  p.  320. 
prohibited  from  employing  Chinese,  19,  2,  p.  341. 
penalty  for  introduction  of  coolie  labor,  19,  4,  p. 

342. 
See  Railroad  Companies;  Transportation  Companies. 
CORRUi'TING   LEGISLATORS— a  felony,   4,   35,   p. 

122. 
compulsory  testimony  in  cases  of,  4,  .35,  p.  122. 


576  INDEX   TO    CONSTITUTION    OF    1879. 

COUNTY— right  to  share  in   appropriations,   Art.  4, 

Sec.  22,  p.  88. 
place  of  A-oting  on  organization,  4,  25,  p.  99. 
not  to  be  divided  in  forming  congressional  dis- 
trict, 4,  27,  p.  114. 
what  appropriations  by  prohibited,  4,  30,  p.  410. 
prohibited  from  loaning  or  giving  its  credit,  4,  31, 

p.  416. 
a  subdivision  of  the  state,  11,  1,  p.  208. 
new  counties,  organization  of,  11,  3,  p.  208. 
liability  for  debts,  on  enlargement  of,  11,  3,  p.  208. 
governments  of  counties  to  be  uniform,  11,  4,  p. 

211. 
organization  under  townships,  11,  4,  p.  211. 
legislature  to  establish  system   of  governments, 

11.  4,  p.  211. 
boards  of  supervisors  for,  11,  5,  p.  213. 
municipal     corporations     controlled     by    general 

laws,  11,  0,  p.  218. 
city  and  county  governments,  11,  7,  p.  225. 
compensation  of  officers  of,  11,  9,  p.  240. 
not  to  be  released  from  state  taxes,  11,  10,  p.  241. 
may  make  local,  police,  and  sanitary  regulations, 

11,  11,  p.  242. 
power  to  levy  taxes,  11,  12.  p.  2."2. 
powers  not  to  be  delegated.  11,  13,  p.  2^)0. 
to  appoint  local  inspection  ofheers,  11,  14,  p.  258. 
private  property  not  liable  for  debts  of,  11,  l."t,  p. 

258. 
moneys  collected  to  be  paid  into  treasury,  11,  10. 

p.  258. 
malving  profit  out  of  public  funds  a  felony,  11,  17, 

p.  259. 
restriction  on  power  to  incui-  debts,  11,  18,  p.  2.59. 
provision  to  be  made  for  payment  of  debts,  11. 

IS,  p.  259. 
liabilities,  when  void,  11,  18,  p.  2.59. 
pioi)erty  of  exempt  from  taxation.  13.  1,  p.  294. 
l)r()t('ction  from  alien  i)aui)eis,  etc.,  19,  1,  p.  340. 
COUNTY  1U).\KI)S  OF  Eta  ALI/.VTION— how  con- 
stituted and  (Inlies  of.  1:5,  9,  p.  313. 
COUNTY   CLEKKS— ex   officio    clerks  of  courts    of 

record,  (>.   11,  p.   ISl. 
election  and   api)oinl  iiieni   of.  11,  5.  p.  21.3. 
duties  as  to  new  constilutiou,  22,  G,  p.  304. 


INDEX   TO   CONSTITUTION    OF   1879.  577 

COUNTY  GOVERNMENTS— as  existing,  recognized, 
Ai-t.  11,  Sec.  1,  p.  208. 
legislature  to  establish  system  of,  11,  4,  p.  211. 
COUNTY  OFFICERS— to    be    regulated    by   general 
laws,  4,  25,  p.  DO. 
legislature  to  provide  for  election  of,  11,  5,  p.  213. 
to  pay  couuty   moneys  into  treasury,   11,   10,  p. 

258. 
making  profit  thereon,  or  using  the  same,  a  fel- 
ony, 11,  16,  p.  258. 
duties  as  to  return  of  votes  on  neve  constitution, 
22,  8,  p.  31J5. 
COUNTY  SEATS— cannot  be  changed  by  special  leg- 
islation, 4,  25,  p.  99. 
proceedings  for  removal  of,  11,  2,  p.  208. 
tvv^o-thirds  vote  required,  11,  2,  p.  208. 
proposition  can  be  made  but  once  in  four  years, 
11    2    208 
COUNTY  SUPERINTENDENTS— election  and  quali- 
fication of,  9,  3,  p.  193. 
when  to  adopt  text-boolcs,  9,  7,  p.  190. 
COUNTY    AND    TOWNSHIP— business    to    be    gov- 
erned by  general  laws,  4,  25,  p.  99. 
COURT  COMMISSIONERS— legislature  may  provide 
for,  6.  14,  p.  181. 
and  authorize  to  act  at  chambers,  G,  14,  p.  181. 
to  take  depositions,  etc.,  6,  14,  p.  181. 
allowed  fees  and  perquisites,  6,  15,  p.  181. 
COURT  OF  IMPEACHMENT— 6.  1,  p.  137. 
COURTS — practice  to  be  governed  by  general  laws, 
4,  25,  p.  99. 
inferior,  legislature  may  establish,  6,  1,  p.  137. 
except  justices  of  the    peace  and    police  courts 

abolished,  22,  3,  p.  361. 
records,   books,   etc.,   to    be  transferred    to  new 

courts,  22,  3,  p.  361. 
power  and  jurisdiction  of  new  courts,  22,  3,  p. 
3G1. 
COURTS  OF  RECORD— what  are,  6,  12,  p.  180. 
county  clerks  as  clerks  of,  0,  14.  p.  181. 
judge  of  not  to  practice  law,  6,  22,  p.  186. 
CREDIT  OF   STATE— local    and  special  legislation 
prohibited,  4,  25,  p.  99. 
Constitution— 49 


578  INDEX    TO    CONSTITUTION   OF   1879. 

CREDIT  OF  STATE— not  to  be  loaned,  Art.  4,  Sec. 
.*51,  p.  116:  Art.  12.  Sec.  13.  p.  283. 
not  to  be  given  or  loaned.  12,  13,  p.  283. 
CREDITS— taxable,  13,  1,  p.  294. 
CREED— appropriations  prohibited,  4,  30,  p.  116. 
CRIME— offenses,  how  prosecuted,  1,  8.  p.  10. 
impeachment  of  civil  officers,  4,  18,  p.  85. 
right  of  trial  by  jury,  1,  7,  p.  8. 
rights  of  party  accused,  1,  13,  p.  17. 
deprivation    of  right  of  suffrage    on  conviction 

for,  2,  1,  p.  54. 
laws  to  be  made  to  exclude  from  office,  juries, 

etc.,  persons  convicted,  20,  11,  p.  348. 
existing  prosecutions  for  not  affected,  22,  2,  p. 
3(51. 
CRIMINAL     CASES— appellate    jurisdiction    of    su- 
preme court,  G,  4,  p.  144. 
original  jurisdiction  of  superior  court,  6,  5,  p.  154. 
CRIMINAL    PROSECUTION— rights  of  accused,   1, 

13,  p.  17. 
CRUEL  AND  UNUSUAL  PUNISHMENTS— prohib- 
ited, 1,  6,  p.  7. 
CULTIVATED    LANDS— and  uncultivated,  how  as- 
sessed. 13,  2,  p.  308. 
CUMULATIVE  VOTE— may  be  cast  by  stockholder, 
12,  12,  p.  283. 

DAMAGE-not  to    be  done    for    public  use  without 

compensation,  1.  14,  p.  31. 
DAMAGES— recoverable    for    excessive    cliarges    for 

fares  and  freights.  12,  22.  p.  289. 
DAY'S  WORK— on  public  works  eight  hours,  20,  17, 

p.  352. 
DEATH- of  governor,  lieutenant-governor  to  act,  5, 

10,  p.  132. 
DEBTS— to  be  deducted  from  credits  in  assessments, 

unless  due  to  foreign  creditor,   13,  1,  p.  294. 
See  Slate  IiuJclittMiiiess. 
DEBTS  OF  STATE— limitation  to  creation  of,   10,  1, 

p.  330. 
DECLARATION  OF  RIGIITS-1.  1,  p.  2. 
DEEDS— cannot  be  validated  by  special  legislation, 

4,  2.").  p.  99. 
of  trust,  taxation  of,  13,  4,  p.  308. 


INDEX   TO   CONSTITUTION    OF    1879.  579 

DEFALCATION— in  office  a  disqualification,  Art.  4, 

Sec.  21,  p.  88. 
DELEGATES— to  convention  for  revision  of  consti- 
tution, 18,  2,  p.  338. 
legislature  may  provide  for  payment  of,  20,  19, 
p.  353. 
DELEGATION  OF  POWERS— of  taxation  to  munic- 
ipal corporations,  11,  12,  p.  252. 
to  remove  Chinese,  19,  4,  p.  342. 
DENOMINATIONAL  SCHOOLS— to  receive  no  pub- 
lic money,  9,  8.  p.  199. 
DEPARTMENTS— of  government,  3,  1,  p.  61. 
of  supreme  court,  0,  2,  p.  139. 
each  empowered  to  hear  and  determine,  6,  2,  p. 

139. 
three  justices  necessary  to  transact  business,  6, 

2,  p.  139. 
their  concurrence  necessary  to  judgment,  6,  2,  p. 

339. 
judgment  not  final  till  expiration  of  thirty  days, 
6,  2,  p.  339. 
DEPOSITIONS— legislature  to  provide  for  taking,  1, 

13,  p.  17. 
DEPRIVING  OF  LIFE,  LIBERTY  OR  PROPERTY 

—1,  13,  p.  17. 
DESCENT— special    legislation    prohibited,  4,  25,  p. 

99. 
DIFFUSION  OF  KNOWLEDGE— to  be  encouraged, 

9,  1,  p.  192. 
DIRECTORS    OF  CORPORATIONS— mode  of  elec- 
tion of,  12,  12,  p.  283. 
right  of  stocliholders  to  cumulate  votes,  12,  12, 

p.  283. 
jointly  and  severally  liable  for  embezzlement  of 
employees,  12,  3,  p.  274. 
DISABILITY— for  office  on  conviction  for  embezzle- 
ment or  defalcation,  4,  21,  p.  88. 
of  governor,  lieutenant-governor  to  act,  5,  16,  p. 

132. 
by  dueling,  20,  2,  p.  344. 

laws  to  be  passed  to  exclude  convicted  persons 
from  office,  juries,  etc.,  20,  11,  p.  348. 
DISAPPROVAL  OF  BILLS— by  governor,  4.  16,  p. 
82. 


580  INDEX   TO    CONSTITUTION   OF   1879. 

DISCRIMINATION— iu  fares  and    freights    prohibi- 
ted. Art.  12,  See.  21,  p.  289. 
DISFRANCHISEMENT— of    legislator  for  accepting 
reward  or  bribe,  4,  35,  p.  122. 
for  dueling,  20,  2,  p.  344. 
DISQUALIFICATION— of    members    of    legislature 
for  offenses,  4,  19,  p.  8G. 
of  certain  officers  to  hold  office,  4,  20,  p.  87. 
by  embezzlement  and  defalcation,  4,  21,  p.  88. 
on  conviction  for  offering  bribes,  20,  10,  p.  348. 
by  offering  bribe  to  voters,  20,  10,  p.  348. 
sex,  as  to  business  pursuits  not  to  create,  20,  18, 

p.  352. 
of  members  of  corporations  for  certain  offices,  4, 

33,  p.  121. 
by  receiving  bribe,  4,  35,  p.  122. 
of  lieutenant-governor  for  other  offices,  5,  15,  p. 
131. 
DISTRIBUTION  OF  POWERS— of  government,  3,  1, 

p.  61. 
DISTRIBUTIVE   VOTE— on   election   of   officers   of 

corporations,  12,  12,  p.  283. 
DISTRICT  ATTORNEYS— legislature  to  provide  for 

election  of,  11,  5,  p.  213. 
DISTRICT  COURTS— See  Superior  Courts. 
DISTRICTING  STATE— for  representation,  4,  6,  p. 
75. 
for  railroad  purposes,  12,  22,  p.  289. 
DIVISION  OF  COUNTY— congressional  districts,  4, 

27,  p.  114. 
DIVORCES— special  legislation  prohibited,  4,  25,   p. 
99. 
original  jurisdiction   of  superior  courts,  G,  5,   p. 
213. 
DONATION— in  aid  of  religious  institutions  prohibi- 
ted, 4,  .".(t.  p.    ilC). 
DUE  I'ROCESS  OF  LAW— wliat  is,  p.  24. 
DUELING- disfrani-lnsiMJUMit  for,  20,  2.   p.  344. 
DUES— from  corporation   to  be  secured  by  law,   12, 
2,  p.  273. 
individual  liability  of  stockholders,  12,  3,  p.  274. 
linliility  of  tru.stet's,   12.  3,  p.  274. 
liability   to  taxation,  13,  1,  p.  294. 


INDEX   TO   CONSTITUTION    OF   1879.  581 

DUTIES— of  departments  to  be  distinct,  Art.  3,  Sec. 
1,  p.  Gl. 
of  state  officers,  5,  18,  p.  134. 
of  clerk  of  supreme  court,  6,  14,  p.  181. 
of  railroad  commissioners,  12,  22,  p.  289. 
of  boards  of  equalization,  13,  9,  p.  313. 

EDUCATION— diffusion  of  knowledge  to  be  encour- 
aged, 9,  1,  p.  192. 
superintendent  of  public  instruction,  9,  2,  p.  193. 
county  superintendents,  9,  3,  p.  193. 
school  funds,  how  applied,  9,  4,  p.  193. 
common  school  system,  9,  5,  p.  194. 
system,  what  to  include,  9,  6,  p.  195. 
who  to  adopt  text-books,  9,  7,  p.  196. 
sectarianism  prohibited,  9,  8,  p.  199. 
university  fund,  9,  9,  p.  199. 

See  Common  Schools;  University. 
ELEEMOSYNARY    INSTITUTIONS    ALONE    CAN 

ENJOY  PERrETUITIES— 20,  9,  p.  348. 
ELECTIONS— who  may  vote  at,  2,  1,  p.  54. 
who  not  entitled  to  vote,  2,  1,  p.  54. 
privilege  from  arrest  on  days  of,  2,  2,  p.  57. 
exemption  from  militia  duty,  2,  3,  p.  59. 
residence,  how  lost,  2,  4,  p.  59. 
to  be  by  ballot,  2,  5,  p.  60. 
of  members  of  legislature,  4,  3.  p.  73. 
of  county  officers,  local  acts  prohibited,  4,  25,  p. 

99. 
and  place  of  voting  to  be  regulated  by  general 

laws,  4,  25,  p.  99. 
by  legislature  to  be  viva  voce,  4,  28,  p.  115. 
each  house  to  judge  of  election  and  return  of  its 

members,  4,  7,  p.  77. 
to  be  conducted  under  general  laws,  4,  25,  p.  99. 
of  governor,  when  and  how,  5,  2,  p.  125. 
of  lieutenant-governor,  5,  15,  p.  131. 
of  state  officers,  5,  17,  p.  133. 
of  justices  of  supreme  court,  6,  3,  p.  143. 
of  judges  of  superior  court,  6,  6,  p.  170. 
of  superintendent  of  public  instruction,  9,  2,  p. 

193. 
of  supervisors  of  consolidated  city  governments, 

11,  7,  p.  225. 


582  INDEX   TO    CONSTITUTION   OF   1879. 

ELECTIONS— term  and  classification  of,  Art.  11,  Sec. 

7,  p.  225. 
for  ratification  of  city  charter,  11,  8,  p.  227. 
of  amendment  to  charter,  11,  8,  p.  227. 
of  officers  of  agricultural  society,  12.  11,  p.  282. 
of  directors  and  trustees  of  corporations,  12,  12, 

p.  283. 
cumulative  vote  by  stockholders,  12,  12,  p.  283. 
or  distributive  vote.  12,  12,  p.  283. 
manner    of  voting  of  co-operative    societies,   12, 

12,  p.  283. 
of  railroad  commissioners,  12,  22,  p.  289. 
of  state  board  of  equalization,  13,  9,  p.  313. 
to  be  held  on  creation  of  state  debt,  16.  1.  p.  330. 
on  amendment  to  constitution.  18,  1,  p.  337. 
on  revision  of  constitution,  18,  2.  p.  338. 
of  officers  created  by  legislation,  20,  4,  p.  346. 
offering  bribe  for  a  disqualification  for  office,  20. 

10,  p.  348. 
to  be  regulated  by  laws.  20.  11.  p.  348. 
plurality  vote  constitutes  a  choice,  20,  13,  p.  .349. 
for  state  officers,  what  years  to  be  held,  20.  20, 

p.  353. 
time    and    manner  of  elections    of  judicial    and 

school  oflicers.  22,  10,  p.  366. 
ELECTION  OFFICERS— to  be  governed  by  general 

laws  only,  4.  25,  p.  99. 
ELECTOR— property  qualification  not  to  be  required, 

1,  24,  p.  53. 
who  dis(inalified  to  vote,  2,  1,  p.  54. 
privilege  from  arrest,  2,  2,  p.  57. 
from  militia  duty,  2,  3,  p.  59. 
residence,  how  not  lost,  2.  4.  p.  59. 
ELIGIBILITY— of  member  of  legislative  body,  4,  4, 

p.  74. 
for  office  of  governor,  5,  3,  p.  125. 
of  lieutenant-governor,  5,   15,   p.  131. 
for  judi('i;il  offices.  <>,  23,  p.  186. 
for  railioad  ciMumissioner,   12.  22.  p.  289. 
EMBEZZLEMENT— to  deprive  of    privilege  of  elec- 
tor, 2,  1,  p.  54. 
a  discjualification  to  office,  4,  21,  p.  88. 
a  felony,  4.  21,  p.  88. 
directors  and  trustees  liable  for,  12,  3,  p.  274. 


INDEX   TO   CONSTITUTION   OF   1879.  583 

EMINENT  DOMAIN— exercise  of  powers,  Art.  1,  Sec. 
14.  p.  31. 

compensatiou  to  be  first  secured,  1,  14,  p.  31. 

damage  to  property,  a  taking,  1,  14,  p.  31. 

corporations  subject  to  riglit  of.  12,  8,  p.  281. 

right  of,  not  to  be  abridged  on  grants  of  corpo- 
rate francliise,  12,  8,  p.  281. 

franchises  subject  to  right  of,  12,  8,  p.  281. 

right  extends  to  all    frontages  on  navigable  wa- 
ters, 15,  1,  p.  328. 
EMPLOYMENT— corporations  prohibited    from   em- 
ploying Chinese,  19,  2,   p.  341. 

Chinese  not  to  be  employed  on  public  works,  19, 

3,  p.  341. 

ENACTING  CLAUSE— of  statutes,  4,  1,  p.  67. 

ENDOWMENT— of  university,  9,  9,  p.  199. 

ENGLISH— the  sole  language  for  publication  of  pub- 
lic writings,  etc.,  4,  24,  p.  92. 

ENJOYMENT  0¥  PROPERTY— rights  of  foreign- 
ers. 1,  17,  p.  48. 

ENUMERATION  OF  RIGHTS— not  to  affect  others 
reserved,  1,  23,  p.  53. 

EQUITY— appellate  jurisdiction  of  supreme  court,  6, 

4,  p.  144. 

original  jurisdiction    in   superior  court,   6,   5,   p. 

154. 
ESTATES  OF  DECEASED— local    and  special  acts 

prohibited,  4,  25,  p.  99. 
when  to  go  into  school  funds,  9,  4,  p.  193. 
EVENING   SCHOOLS— may  be  established,  9,  6,  p. 

195. 
EVIDENCE— in  cases  of  libel,  1,  9,  p.  11. 

what  necessary   to  convict  of  treason,   1,   20,  p. 

50. 
in  cases  of  bribery  and  corrupt  solicitation,  4,  35, 

p.  122. 
EXAMINATION  OF  TEACHERS— under  control  of 

local  boards,  9,  7,  p.  196. 
EXCESSIVE  BAIL  OR  FINES— cannot  be  required 

nor  imposed,  1,  0,  p.  195. 
EXCLUSIVP]    RIGHTS— cannot  be  granted  by  spe- 
cial statute,  4,  25.  p.  99. 
EXCURSION  AND  COMMUTATION  TICKETS— at 

special  rates,  12,  21,  p.  289. 


584  INDEX   TO    CONSTITUTION   OF   1879. 

EXECUTIVE— a  department  of  government,  Art.  3. 
Sec.  1,  p.  Gl. 

power  vested  in  a  governor,  5,  1,  p.  124. 

business  of,  5,  6,  p.  12G. 

to  see  laws  executed,  5,  7,  p.  126. 

to  till  vacancies  in  office,  5,  8,  p.  126. 

state   officers,  election  and  term  of,  5,  17,  p.  133. 

compensation  of,  5,  19,  p.  134. 

proceedings  to  be  published  in  English  only,  4, 
24,  p.  92. 

secretarv  of  state  to  keep  records  of,   5,   18,  p. 
134. 

duty  of  on  return  of  election  on  revision  of  con- 
stitution, 18,  2,  p.  338. 

See  Governor. 
EXECUTIVE   OFFICER— oath   to  be  taken  by,  20, 

3,  p.  34.J. 

EXEMPLARY  DAMAGES— on    extortion  in  charge 

of  fares  and  freights,  12,  22,  p.  189. 
EXEMPTIONS— from  taxation,  special  acts  prohib- 
ited, 4,  25,  p.  99. 

■what  property  is,  13,  1,  p.  294. 

property  used  for  religious  worship,   13,  IVa,  p. 
3U7. 

property  of  Leland   Stanford  Junior  University, 
9,  10,  p.  201. 

property  of  California  School  of  Mechanical  Arts, 
9,  11,  p.  202. 

fruit  and  nut-l^earing  trees,  13,  12%,  p.  320. 

from  poll  tax,  who  is,  13,  12,  p.  320. 

of  executive  officer  from  process,  5,  6.  p.  126. 

of  homestead  from  forced  sale,  17,  1,  p.  333. 
EXPENDITURES— to   be  published   with   the  laws, 

4,  22,  p.  88. 

EXPENSES  OF  CONSTITUTIONAL  CONVEN- 
TION—provision  for,  20,  19,  p.  353. 

EX  POST  FACTO  LAWS— prohibited,  1,  10,  p.  41. 

EXPULSION  OF  MEMBER— power  of  legislature. 
4.  9,  p.  79. 

EXTENSION  OF  TIME  FOR  COLLECTION  OF 
TAX— special  acts  prohibited.  4,   25,   p.  99. 

EXTINGUISII.MENT  OF  DEBT  OR  LIABILITY— 
special  acts  prohibited,  4,  25,  p.  99. 


INDEX    TO   CONSTITUTION    OF   1879.  585 

EXTORTION— in  fares  and  freights,  penalty  for,  Art. 
12,  Sec.  22,  p.  28!). 

EXTRA  COMPENSATION  TO  PUBLIC  OFFICERS 
PROHIBITED— 4,  32,  p.   119. 

EXTRA  SESSIONS  OF  LEGISLATURE— how  con- 
vened, 4,  2,  p.  73. 
on  extraordinary  occasions,  5,  9,  p.  130. 

FARES  AND  FREIGHTS— power  to  regulate  in  gov- 
ernment, 12,  20,  p.  288. 
when  lowered  cannot  be  raised  without  its  con- 
sent, 12,  20,  p.  288. 
discrimination   in   charges  prohibited,    12,   21,   p. 

289. 
exception  as  to  certain  tickets,  12,  21,  p.  289. 
to  be  regulated  by  a  commission,  12,  22,  p.  289. 
to  be  published  from  time  to  time,  12,  22,  p.  289. 
damages  for  excessive  charges,  12,  22,  p.  289. 
See  Railroad  Commission. 
FEDERAL  CONSTITUTION— the  supreme  law,  1,  3, 
p.  5. 
distinguished  from  state  constitution,  p.  vii. 
FEDERAL  OFFICER— not  eligible  to  state  civil  of- 
fice, 4,  20,  p.  87. 
not  eligible  to  office  of  governor,  5,  12,  p.  131. 
FEES    AND    PERQUISITES    OF    OFFICE    ABOL- 
ISHED-5,  19,  p.  134. 
prohibited  to  judicial  officers,  6,  15,  p.  181. 
exception,  justices   of  peace  and   court  commis- 
sioners, 6,  15,  p.  181. 
FEES  AND    SALARIES- local  and  special  legisla- 
tion prohibited,  4,  25,  p.  99. 
FELONY— lobbying  declared  to  be,  4,  35,  p.  122. 
embezzlement  of  public  funds,   4,  21,  p.  88. 
pul)lic  officers  using  or  making  profit  out  of  pub- 
lic moneys,  11,  17,  p.  259. 
legislator  influenced  by  promise  of  reward,  4,  35, 

p.  122. 
original    jurisdiction  of  superior    court,  6,  5,  p. 
154. 
FERRIES— cannot  be  chartered  or  licensed  by  spe- 
cial acts,  4,  25,  p.  99. 
FICTITIOUS  INCREASE  OF  STOCK  ISSUE— void. 
12,  11,  p.  282. 


586  INDEX   TO   CONSTITUTION   OF   1ST9. 

FINES— excessive  not  to  be  imposed,  Art.  1,  Sec.  6. 
p.  7. 
caunot  be  remitted  by  special  legislation,  4,  25, 

p.  99. 
'mposed     for    excessive    charge    for    fares    and 

freiglits,  12,  22,  p.  389. 
already  due  not  affected  by  adoption  of  new  con- 
stitution, 22.  2.  p.  3G1. 
FISCAL  YEAR— to  commence  on  1st  of  July,  20,  5, 

p.  34U. 
FLAGS— authorized  to  be  carried  by  militia,  8,  2,  p. 

191. 
FORCIBLE    ENTRY    AND    DETAINER— appellate 
jurisdiction  in.  6,  4,  p.  144. 
original  jurisdiction,  6,  5,  p.   154. 
concurrent  jurisdiction  of  justices  of  the  peace, 
6,  11,  p.  175. 
FOREIGNERS— rights  of  enjoyment  of  property,  1, 
17,   p.  48. 
presence  of  certain,  to  be  discouraged,  19,  4,  p. 
342. 
FOREIGN  CORPORATION— not  to  be  favored,  12, 

15,  p.  284. 
FORFEITURE— cannot  be  remitted  by  special  acts, 
4,  25,  p.  99. 
of  franchise  by  water  companies,  14,  1,  p.  321. 
of  office  for  taking  free  passes  on  railroads,  12, 

19,  p.  288. 
of    railroad    franchise,   legislature    may   provide 

for,  12,  22,  p.  289. 
of  existing  franchises  not  to  be  remitted,  12,  7, 
p.  280. 
FORGERY— conviction    for,  a  disfrancliisoment,  20, 

11,  p.  348. 

FORM— of  oatli  of  office,  20,  3.  p.  345. 
FRANCHISE— exclusive    privileges,    special    legisla- 
tion prolill)ited,  4,  2.">,  p.  321. 
those  not  fully  organized  and  in  business  inval- 
id, 12,  0,  p.  280. 
not  to  be  extended,  12,  7,  p.  280. 
nor  forfeitures  remitted,  12,  7,  p.  280. 
subject  to  rigiit  of  einiiieiit  domain,  12,  8,  p.  281. 
lease  or  alienation  not  to  relieve  from  liability, 

12,  10,  p.  282. 

as  property  liable  to  taxation,  13,  1,  p.  294. 


INDEX   TO   CONSTITUTICN   OF    1879.  587 

FRANCHISE— power  of  taxation  not  to  be  surren- 
dered in  grant  of,  Art.  13,  Sec.  6,  p.  312. 
legislature  may  provide  for  forfeiture  of,  12,  22, 

p.  389. 
taxable,  13,  1,  p.  294. 
assessment  of  for  taxes,  13,  10,  p.  318 
water  rights,  when  forfeited,  14,  1,  p.  321. 
right  to  eomponsation  for  water  supply  a  fran- 
chise,  14,  2,  p.  32(3. 
FRAUD— as  ground    for  imprisonment    for  debt,  1, 

15.  p.  41. 
FREE  AND  INDEPENDENT— all  men  are,  1,  1,  p. 

2. 
FREE  ASSE.AIBI.AGES— guaranteed,  1,  10,  p.  12. 
FREE  NAVIGATION— in  harbors,  15,  2,  p.  328. 

over  tide  lands,  15,  3,  p.  328. 
FREE  PASSES— on  railroads,  prohibitions  as  to,  12, 
19,  p.  288. 
acceptance  to  work  forfeiture  of  office,  12,  19,  p. 
288. 
FREE  SCHOOLS— to  be  kept  up  in  each  district,  9, 
5,  p.  194. 
for  six  months  in  the  year  at  least,  9,  5,  p.  194. 
FREE   SUFFRAGE— privilege   to    be    protected    by 

law,  20,  U,  p.  348. 
FREEDOM    AND     INDEPENDENCE  —  declaration 

of,  1,  1,  p.  2. 
FREEDOM  OF  SPEECH  AND   OF  THE  PRESS— 

to  be  preserved,  1,  9,  p.  11. 
FREEHOLDERS— See  Board  of  Freeholders. 
FRONTAGES    ON    NAVIGABLE    WATERS— power 

of  state  over,  15,  1-3,  p.  328. 
FRUIT  AND  NUT-BEARING  TREES— exempt  from 
taxation,  13,  12%,  p.  320. 

GAS    AND    WATER— right    of    cities    to    regulate 

charges,  11,  19,  p.  2(J5. 
GAS      CORPORATIONS— legislation      to      regulate 
charges,  4,  33,  p.  121. 
right  to  introduce  light  in  cities,  11,  10,  p.  2G5. 
right  of  cities  to  regulate  chai-ges,  11,  19,  p.  265. 
may   use  streets   for  laying  down  pipes,  11,   19, 
p.  2G5. 


588  INDEX    TO    CONSTITUTION    OF   1879. 

GENERAL    APPROPRIATION     BILL— lestiictions 

as  to.  Art.  4,  Sec.  29,  p.  115. 
GENERAL  LAWS— to  liave  a  uniform  operation,  1, 
11,  p.  13. 

what  are,  pp.  103,  223. 
GIFT  ENTERPRISES— prohibited.  4,  2G.  p.  112. 
GOVERNMENT— purpose  of  institutiou  of,   1,   2,  p. 
5. 

right  to  alter  or  reform,  1,  2,  p.  5. 

powers,  how  distributed,  3,  1,  p.  Gl. 
GOVERNOR— may  convene  legislature  by  proclama- 
tion, 4,  2,  p.  73. 

to  issue  writs  of  election  to  fill  vacancy  in  legis- 
lature, 4,   12,   p.  80. 

to  approve  all  laws,  4,  IG,  p.  82. 

mav  veto  separate  items  in  appropriation  bill,  4, 
IG,  p.  82. 

duty  on  return  of  bill  with  objections,  4,  16,  p. 
82. 

subject  to  impeacluiient,  4,  18,  p.  85. 

supreme  executive  power,  vested  in,  5,  1,  p.  124. 

when  and  how  elected,  5,  2,  p.  125. 

term  of  office,  5,  2,  p.  125. 

eligibility  and  quahflcation  to  office,  5,  3,  p.  125. 

return  of  election  of,  5,  4,  p.  125. 

when  legislatiu'e  to  elect,  5,  4,  p.  125. 

commander  in  chief  of  militia,  5,  5,  p.  126. 

to  transact  all  executive  business,  5,  6,  p.  126. 

may  require  information  from  officers,  5,   6,  p. 
126. 

to  see  that  laws  are  executed,  5,  7,  p.  126. 

when  to  lill  vacancy  in  office,  5,  8,  p.  12G. 

when  may  convene  legislature  by  proclamation, 
5,  0,  p.  130. 

to  communicate  to  legislature  at  every  session, 
5,  10,  p.  130. 

to  adjourn  legislature  in  certain  contingencies,  5, 
11,  p.  130. 

disability  to  hold  otlier  office,  5,  12,  p.  131. 

to  keep  seal  of  slat(>,  5,  13,  p.  131. 

to  seal  and  sign  public  grants  and  commissions. 
5,  14,  p.   131. 

who  to  act  in  case  of  impeachment,  5,  16,  p.  132. 


INDEX   TO   CONSTITUTION   OF   1879.  581) 

GOVERNOR— absence    not    to    affect   right   as    com- 
mander-in-chief, Art.  5,  Sec.  IG,  p.  132. 
compensation  of,  5,  19,  p.  134. 
inehgible  for  United  States  senator  during  term, 

5,  20,  p.  135. 
to  till  vacancy  in  justices  of  supreme  court,  6, 

3,  p.  143. 

term  of  appointee,  6,  3,  p.  143. 

to  fill  vacancy  in  superior  judgeship,  G,  6,  p.  170. 

may   recommend  removal    of  judicial  officer,   6, 

10,   p.  175. 
to  grant  reprieves,  pardons,  etc.,  7,  1,  p.  188. 
duty  in  cases  of  treason,  7,  1,  p.  188. 
to  communicate  such  grants  to  legislature,  7,  1, 

p.  188. 
restriction  on  pardoning  power,  7,  1,  p.  188. 
to  commission  officers  of  militia,  8,  1,  p.  190. 
may  call  out  militia  to  execute  laws,  8,  1,  p.  190. 
to  appoint  board  of  prison  directors,  10,  1,  p.  204. 
when  may  remove  them,  10,  1,  p.  204. 
to  fill  vacancy  in  railroad  commission,  12,  22,  p. 

289. 
to  canvass  returns  on  revision  of  constitution,  18, 

2,  p.  338. 
to  give  notice  of  election   for  adoption  of  new 

constitution,  22,  4,  p.  363. 
duty  on  return  of  vote  thereon,  22,  9,  p.  365. 
GRAND  JURY — to  be  drawn  at  least  once  a  year,  1, 

8,  p.  10. 
local  and  special  legislation  prohibited,  4,  25,  p. 

99. 
GRANTS— prohibited  to  institutions  not  under  state 

control,  4,  22,  p.  88. 
of  rights  and  privileges,  special  acts  prohibited, 

4,  25,  p.  99. 

in  and  of  religious  institutions  prohibited,  4,  30, 

p.  116. 
to  be  sealed  and  signed  by  governor,  5,  14,  p.  131. 
existing  grants,  when  invalid,  12,  6,  p.  280. 
not  to  be  extended,  12,  7,  p.  280. 
power  of  taxation  not  to  be  surrendered,  13,  6, 

p.  312. 
of  land,  restriction  as  to,  17,  3,  p.  334. 
Constitution— 50 


590  INDEX   TO   CONSTITUTIOX   OF   1879. 

GRAVEYARDS— special    legislation    prohibited,  Art. 

4,  Sec.  25,  p.  99. 
GREAT  SEAL  OF  STATE— 5.  13,  p.  131. 
GRO\YlNG  CROPS— exempted  from  taxation,  13,  1, 

p.  294. 

HABEAS  CORPUS— privilege  of  writ  not  to  be  sus- 
pended, except,  1,  5,  p.  7. 
justice  may  issue,  returnable  in  his  discretion,  6, 

4,   p.   144. 
judges  of  superior  court  may  issue,  6,  5.  p.  154. 
HARBOR— frontages  on  navigable  water*,  power  of 
state  over,  15,  1,  p.  328. 
subject  to  right  of  eminent  domain,  15,  1,  p.  328. 
obstructions    to    navigation    prohibited,    15,  2,  p. 

328. 
frontages  witliheld    from  grant  or  sale,  15,  3,  p. 
328. 
HEALTH— legislature  to  provide  for  a   state  board 

of  health.  20,  14,  p.  349. 
HIGH  CRIMES— impeachment  for,  4,  18,  p.  85. 

conviction  for,  a  disfranchi.^^ement,  20,  11,  p.  348. 
HIGH    SCHOOLS— may    be  established    by  legisla- 
ture, 9,  0,  p.  195. 
HIGHWAYS— local  and    special    legislation  prohibi- 
ted. 4,  25,  p.  99. 
HOMESTEAD— exemption    from  forced    sale,  17,  1, 

p.        Ki-jO. 

HOSPITALS— not  under  state  control,  appropria- 
tions prohil)ited.  4,  22,  p.  88. 

H0USP:S  of  LEGISLATION— in  certain  cities,  11, 
7,  p.  225. 

HUSBAND  AND  AVIPE— separate  property  to  eacli 
secured,  20,  8,   p.  347. 

HYPOTHECATION  BY  MINOR— special  legislation 
prohil)ited,  4,  25,  p.  99. 

IDIOT— cannot  be  an  elector,  2,  1,  p.  54. 
exempt  from  poll  tax,  13,  12,  p.  320. 
IMMIGRATION    OF  CHINESE— to  be  discouraged, 

19,  4,  p.  342. 
IMMUNITIES-of   citizens,    1,  21.   p.    51. 

to  coritoralions,  special  legislation  prohibited,  4, 
25,  p.  99. 


INDEX   TO   CONSTITUTION   OF   1879.  591 

IMMUNITIES— soldiers  not  to  be  quartered  on  citi- 
zens, Art.  1,  Sec.  12,  p.  17. 
from  being  twice  put  in  jeopardy,  1,  13,  p.  17. 
from  loss  or  damage  to  property,  1,  14,  p.  31. 
from  imprisonment  for  debt,  1,  15,  p.  41. 
of  members  of  legislature  from  arrest,  4,  11,  p. 
80. 
IMPAIRING— obligation    of  contract,  laws    prohibi- 
ted, 1,  IG,  p.  41. 
IMPANELING  JURIES— special  and  local  acts  pro- 
hibited, 4,  25,  p.  99. 
grand  jury  to  be  drawn  at  least  once  a  year,  1. 
8,  p.  10. 
IMPEACHMENT— assembly  sole  power  of,  4,  17,  p. 
84. 
trial  by  senate,  4,  17,  p.  84. 
state  officers  subject  to,  4,  18,  p.  85. 
senate  as  court  of,  6,  1,  p.  137. 
lieutenant-governor,  when  to  act  as  governor,  5 
16,  p.  132. 
IMPOSTS— appellate  jurisdiction  of  supreme  court 
6,  4,  p.  144. 
original    jurisdiction  of  superior    court,  0.  5,  p 
154. 
IMPRISONMENT— for  debt  not  allowed,   except,  1 
15,  p.  41. 
of  railroad  official  for  excessive  charges,  12,  22 
p.  289. 
IMPROVEMENTS- of  city  streets,  11,  19,  p.  265. 
INALIENABLE  RIGHTS— 1,  1,  p.  2. 
INCOME  TAXES— legislature  may  provide  for,   13, 

11,  p.  320. 
INCREASE    IN    PER    DIEM    AND    MILEAGE    OF 

LEGISLATORS  PROHIBITED— 4.  2.'?.  p.  91. 
INDEBTEDNESS      OF      CORPORATIONS— special 
acts  for  relief  prohibited,  4,  25,  p.  99. 
of  municipal    corporations,    provisions  for    pay- 
ment of,  11,  18,  p.  259. 
when  void,  11,  18,  p.  259. 

of  state,  restriction  on  power  of  legislature,  16, 
1,  p.  330. 
INDICT]MENT— offenses  may  be  prosecuted  by,  1,  8, 
p.  10. 


592  INDEX   TO   CONSTITUTION   OF   1879. 

INDICTMENT— for  libel,  where  to  be  tried,  Art.  1, 
Sec.  9,  p.  11. 
pending,  unaffected  by  adoption  of  new  constitu- 
tion, 22,  2,  p.  361. 
INDIGENT  I'ERSONS— state  care  over,  4.  22,  p.  88. 
INELIGIBILITY — to  office  of  governor,  5,  12,  p.  131. 
of    governor  for  United    States  senate,  5,  20,  p. 
13.5. 
INFECTIOUS    DISEASES— protection    from,   19,   1, 

p.  340. 
INFERIOR  COURTS— may  be  established  by  legis- 
lation, 0,  1,  p.  137. 
jurisdiction  to  be  fixed  by  law.  6,  13,  p.  180. 
powers,  duties,  and  responsibilities,  G,  13,  p.  180. 
INFORMATION — offenses  may  be  prosecuted  by,  1, 
8,  p.  10. 
for  libel,  Avhere-to  be  tried,  1,  9,  p.  11. 
pending,  unaffected  by  adoption  of  new  constitu- 
tion, 22,  2,  p.  3U1. 
from  state  officers  to  executive  department,  5,  6, 
p.  120. 
INHERITANCE— rights  of  foreigners.  1,  17,  p.  48. 
IN.JUNCTION— may  be  served  on  holidays  and  non- 
judicial days,  0,  5,  p.  154. 
INJURY  TO  PROI'ERTY— compensation  to  be  made, 

1,   14,   p.  31. 
INSANE  PERSONS— cannot  be  electors,  2,  1,  p.  54. 

exempt  from  poll  tax,  13,  12.  p.  320. 
INSOLVENCY— appellate    jurisdiction     in     supreme 
court,  0,  4,  p.  144. 
original  jurisdiction   in  superior  courts,  G,  5,  p. 
154. 
INSPECTION  OFFICERS— to  be  appointed  by  nui- 

nicip.ilities,  11,  14,  p.  2.")8. 
INSTALLMENTS— p.'iynient  of  taxes  in,  1.3,  7,  p.  312. 
INSTITUTIONS  NOT  UNDER  ST.VTE  CONTROL— 

appropriations   proiilbitcd.   4.   22,   p.   SS. 
INSTRUr'TIONS— certain  improper,  G,  10,  p.  183. 

certain  proper,  (»,  10,  p.  l.S.">. 
INSTRUMENTS— cannot     be    validated    by    special 

acts.  4,  2.".,  p.  00. 
INSURRECTIO.N'S— power  of  governor  to  suppress, 
8,   1,  p.   100. 
autiiorily  to  coiitract    debts,   1(5,   1,   p.  .3:50. 


INDEX   TO   CONSTITUTION    OF    1879.  593 

INTELLECTUAL    IMPROVEMENT— to   be    encour- 
aged. Art.  9,  Sec.  1.  p.  192. 
INTEREST— to  be  regulated  by  general  laws  only, 

4,  25,  p.  99. 

on  state  debt,   provision  to  be  made  for,   IG,   1, 
p.  330. 
INTERPRETATION— of  state  constitution,  p.  vii. 

of  terms  in,  p.  vii. 
INVASION- suspension  of  writ  of  habeas  corpus,  1, 

5,  p.  7. 

power  of  governor  to  repel,  8,  1,  p.  190. 

authority  to  contract  debts,  16.  1,  p.  380. 
INVOLUNTARY     SERVITUDE     PROHIBITED— 1, 

18,  p.  50. 
ISSUANCE— of  corporation  stock,  12,  11,  p.  282. 
ITEMS— in  general  appropriation  bill,  4,  29,  p.  115. 

JEOPARDY— no  person  to  be  twice  put  in,  1,  13,  p. 

17. 
JOINT-STOCK  COMPANIES— included  in  term  "cor- 
poration,"  12,  4,   p.  279. 
liability  of  stockholders,  12,  3,  p.  274. 
may  be  assessed  for  income  taxes,  13,  11,  p.  320. 
JOINT  AND  SEVERAL— liability  of  stockholders,  12 

3,  p.  274. 

JOURNAL— each  house  to  keep,  4,  10,  p.  79. 

ayes  and  noes  on  hnal  passage  of  bills,  4,  15,  p. 

81. 
disapproval  of  governor  to  be  entered  on,  4,  16 

p.   82. 
votes  on  elections  to  be  entered  on,  4.  28,  p.  115 
ayes  and  noes  on  removal  of  justices,  etc.,  to  be 

entered,  6,  10,  p.  175. 
on  proposed  amendments  to  be  entered,  18,  1,  p 
.  337. 
JUDGES— of  superior  court  subject  to  impeachment 

4,  18,  p.  115. 

to  be  elected  for  each  superior  court,  6,  6,  p.  170 
may  apportion  business  among  themselves,  6,  7 

p.  173. 
may  hold  court  in  any  county,  6,  8,  p.  174. 
pro  tempore,  when  may  try  case,  6,  8,  p.  174. 
legislature  may  grant  leave  of  absence,  6,  9,  p. 

174. 


5&i  INDEX   TO    CONSTITUTION    OF   1879. 

JUDGES— number  of  may  be  increased,  Art.  6,  Sec. 

9,  p.  174. 
may  be  removed  by  legislature,  0,  10,  p.  175. 
cause  to  be  entered  on  journal,  G,  10,  p.  175. 
of  inferior  courts,  powers,  duties,  and  responsi- 
bilities, G,  13,  p.  ISO. 
not  to  receive  fees  or  perquisites,  6,  15,  p.  181. 
compensation  of,  G.  17,  p.  182. 
ineligible  to  other  otfice  during  term,  6,  18,  p.  183. 
not  to  charge  juries  as  to  matters  of  fact,  G,  19, 

p.   183. 
prohibited  from  practicing  law,  G,  22,  p.  186. 
who  ineligible  to  office  of,  G,  23,  p.   ISG. 
affidavits  on  drawing  salary,  G,  24,   p.  187. 
JUDGMENT— on   impeachment,   extent  of,   4,    18,   p. 

85. 
not  to  bar  trial  according  to  law,  4,  18,  p.  85. 
concurrence  of  supreme  justices  necessary,  G,  2, 

p.  139. 
vacated  by  order  for  rehearing  in  bank.  G,  2,  p. 

139. 
when  final,  6,  2,  p.  139. 
concurrence  of  four  justices,  when  necessary,  G, 

2,  p.  139. 
all  decisions  to  be  in  writing,  G,  2,  p.  139. 
of  superior  court,  effect  of,  (i,  G,  p.   170. 
JUDICIAL— a  department  of  government,  3,  1,  p.  Gl. 
powers,  where  vested,  G,  1,  p.  137. 
supreme  court,   organization  of,   6,  2,  p.   1.39. 
election  of  justices,  G,  3,  p.  143. 
jurisdiction  of  sni)renie  court,  G,  4,  p.  144. 
jurisdiction  of  superior  court,  G,  5,  p.   154. 
superior  court,  how  constituted,  G,  G,  p.   170. 
apitdiMionnient   of    l)usiness   among  judges,   G,   7, 

p.  173. 
judges  may  hold  court   in  other  county,  G,  8,  p. 

174. 
lecislatur(>  may  grant  leave  of  absence.  G.  9,  p. 

174. 
may  l)e  removed  from  ollice,  (!,  10,  p.  175. 
justi<"es  of  the  peace  lor  cities  and  townships,  G, 

2.    p.    1.30. 
wliat  are  courts  of  record.  G.   12,  ]).  ISO. 
jurisdiclion   of   inferior  courls,   (J,    l.*',,   p.   180. 


INDTSX    TO   CONSTITUTION   OF   1879.  595 

JUDICIAL— clerks  and  court  commissioners,  Art.  6, 

Sec.   14,   p.   181. 
fees  and  perquisites,  to  wbom  forbidden,  6,  15, 

p.  181. 
supreme  court  opinions  to  be  published,  6,  16,  p. 

182. 
compensation  of  justices  and  judges,  6,  17,  p.  182. 
justices  and  judges  inelicrible  to  other  oftice,  G, 

18,  p.,  183. 

judges  not  to  charge  jury  on  matters  of  fact,  6, 

19,  p.  183. 

style  of  process,  6,  20,  p.  185. 

reporter  of  supreme  court  to  be  appointed,  6,  21, 

p.  18G. 
judges  not  to  practice  law,  6,  22,  p.  186. 
eligibility  of  justices  and  judges,  G,  23,  p.  186. 
condition  precedent  to  drawing  salary,  G,  24,  p. 
187. 
JUDICIAL  DECISIONS-publication  of,  G,  16,  p.  182. 
JUDICIAIi    NOTICE— to    be    taken    of    corporation 

charters,  11,  8,  p.  227. 
JUDICIAL    OFFICER— absence,  when    a  forfeiture 
of  office,  6,  9,  p.  174. 
removal  of,  6,  10,  p.  175. 
prohibited   from   receiving  fees   and   perquisites, 

6,  15,  p.  181. 
oath  to  be  taken  by,  20,  3,  p.  345. 
JUDICIAL  POWER— where  vested,  6,  1,  p.  137. 

of  railroad  commissioners,  12,  22,  p.  289. 
JUDICIAL     I»ROCEEDINGS— to     be     published     in 

English  only.  4,  24,  p.  92. 
JURIES— local  and  special  legislation  prohibited,  4, 
25,  p.  99. 
not  to  be  charged  as  to  matters  of  fact,  6,  19,  p. 
183. 
JURISDICTION— of  inferior  courts,  local  and  special 
acts  prohibited,  4,  25,  p.  99. 
of  supreme  court,  6,  4,  p.  144. 
of  superior  court,  6,  5,  p.  1.54. 
of  justices'  courts,  6,  11,  p.  175, 
of  courts  Under  new  constitution  in  cases  trans- 
ferred, 22,  3,  p.  3G1. 
JUROR— no  religious  restriction,  1,  4,  p.  6. 

exclusion,   for    bribery,    forgery,  etc.,  20,   11,   p. 
348. 


590  INDEX   TO    CONSTITUTION    OF   1879. 

JURY — in  civil  cases  and  misdemeanors  number  may 
be  agreed  on.  Art.  1,  Sec.  7,  p.  8, 

right  of  trial  by,  secured,  1,  7,  p.  8. 

trial  by,  may  be  waived  by  consent.  1,  7,  p.  8. 

three-fourths  may  render  verdict,  1,  7,  p.  8. 

to  determine  law  and  fact  in  libel  cases,  1,  9,  p. 
11. 

to  ascertain    compensation  on    condemnation,  1, 
14,  p.  31. 

not  to  be  charged  as  to  matters  of  fact,  6,  19,  p. 
183. 

See  Trial  by  .Jury. 
JUSTICES  OF  THE  PEACE— local  and  special  leg- 
islation prohibited,  4,  25,  p.  99. 

invested  with  judicial  powers,  0,  1,  p.  137. 

number  to  be  fixed  by  legislature,  6,  11.  p.  175. 

concurrent  jurisdiction  in  forcible  entry  and  de- 
tainer, C,  11,  p.  175. 

and  in  foreclosure  of  liens  in  certain  cases,  G,  11, 
p.  175. 

allowed  fees  and  perquisites,  6,  15,  p.  181. 

courts  not  abolished  by  new  constitution,  22,  3. 
p.  .3(51. 
JUSTICES    OF    SUPREME    COURT— powers    and 
duties  of,  6,  2,  p.  1.39. 

election  of,  G,  3,  p.  143. 

authority  to  issue  writs,  6,  4,  p.  144, 

removal  from  otiice,  G,  10,  p.  175. 

compensation  of,  G,  17,  p.  182. 

Ineligible  to   other   office  during  term.  G.    18,   p. 
183. 

to  appoint  reporter,  G,  21,  p.  186. 

not  to  practice  law,  G.  22,  p.  18G. 

who  not  eligil>l('  to  office  of,  G.  23,  p.  186. 

affidavit  to  be  taken  on  drawing  salary,  G,  24,  p. 
1.S7. 
JUSTICES  AND  JUDGES— may  be  removed  by  con- 
currt'iit  resolution.   G.   Id,    p.   "175. 

causes  of  removal  to  be  entered  on  journal,  G,  10, 
p.   175. 

ayes  and  noes  to  be  entered,  6,  10,.  p.  175. 

Ineligiljle  to  other  office.  G.  IS,  p.  18.3. 

wlio  eligible  to  otnc(>  of,  G.  23,  p.   ISG. 

compensation  of,  G,  17,  p.  182. 

not  to  draw  salary,  unless,  etc..  G,  24,  p.  187. 


INDEX   TO   COTS'STITUTION   OF   1879.  597 

LABOR— liens  secured  on  property;,  Art.  20,  Sec.  15, 
p.  349. 

eight  liours  to  constitute  a  clay's  work  on  pul)lie 
works,  20,  17,  p.  352. 
LAND  AND  HOxMESTEAD  EXEMPTION— 17,  1,  p. 

333. 
LAND  MONOPOLY  TO  BE  DISCOURAGED— 17,  2, 

p.  3.34. 
LANDS— to    be    assessed    separate    from    improve- 
ments, 13,  2,  p.  308. 

of  same  quality  and  similarly  situated  to  be  as- 
sessed at  same  value,  13,  2,  p.  308. 

sectionized,  liow  assessed,  13,  3,  p.  308. 

not  sectionized,  legislature  to  provide  for,  13,  3, 
p.  308. 

fronting  on  harbor,  estuary,  bay,  etc.,  withheld 
from  sale,  15,  3,  p.  328. 

holding  large  tracts  uncultivated  is  against  pub- 
lic policy,  17,  2,  p.  334. 

belonging  to  state  to    be  granted  to  actual  set- 
tlers only,  17,  3,  p.  334. 
LANGUAGE — laws,  official    writings,  etc.,  to  be  pre- 
served and  pul)lished  in  English  only,  4,  24,  p. 
92. 
LAWS— to  have  uniform  operation,  1,  11,  p.  13. 

bills  of  attainder  and  ex  post  facto  laws  prohibi- 
ted, 1,  16,  p.  41. 

or  law  impairing  obligations  of  contract,  1,  16, 
p.  41. 

enacting  clause,  4,  1,  p.  G7. 

to  be  passed  by  bill  only,  4,  15,  p.  81. 

a  majority  of  members  necessary  to  pgss,  4,  15, 
p.  81. 

must  be  presented  to  governor  for  approval,  4, 
16,  p.  82. 

how  passed  over  governor's  veto,  4,  16,  p.  82. 

how  become  laws  without  approval,  4,  16,  p.  82. 

to  be  accompanied  by  statement  of  receipts  and 
expenditures,  4,  22,  p.  88. 

governor  to  see  them   faithfully  executed,   5,   7, 
p.  126. 

to  embrace  but  one  object,  etc.,  4.  24,  p.  92. 

how  revi;-;od  .'uid  nimnidod,  4,  24,  p.  92. 

to  be  published  in  English  only,  4,  24,  p.  92. 


59S  INDEX   TO    CONSTITUTION    OF   1879. 

LAWS— local  and  special  acts  on  enumerated  subjects 

prohibited,  Art.  4,  Sec.  25,  p.  99. 
creating  municipal  corporations  may  be  altered 

or  repealed,  11,  G,  p.  218. 
existing  what  to  remain  in  force,  22,  1,  p.  357. 
relating  to  judicial  system  in  force  till  changed 

by  legislature,  22,  1,  p.  357. 
LEASE   OF   FRANCHISE— not  to  relieve  from  lia- 
bility, 12,  10,  p.  282. 
LEAVE  OF  ABSENCE— to  judicial  officers,  6,  9,  p. 

174. 
LEGAL  DAY'S  WORK— 20,  17,  p.  352. 
LEGAL   HOLIDAYS— certain   writs   may  be   served 

on,  tj,  5,  p.  154. 
LEGALIZING    OFFICIAL    ACTS— by  special    laws 

prohibited,  4,  25,  p.  99. 
LEGISLATURE— to  provide  for  taking  depositions, 

1,  13,  p.  17. 
power  to  revoke  special  privileges  and  immuni- 
ties,  1,  21,  p.   51. 
a  department  of  government,  3,  1,  p.  01. 
of  what  composed,  4.  1,  p.  67. 
power  vested  in  senate  and  assembly,  4.  1,  p.  67. 
limitation  of  time  for  introduction  of  bills,  4,  2, 

p.  73. 
sessions  to  be  biennial,  4,  2,  p.  73. 
members,  wlien  and  how  elected,  4,  3,  p.  73. 
term  of  office,  4,  4,  p.  74. 
senators,  when  and  how  chosen,  4,  4,  p.  74. 
senate,  of  Avhat  composed,  4,  5,  p.  74. 
numl)er  of  senators  and  of  representatives,  4,  5, 

p.  74. 
senalurial  and  assembly  districts,  4,  6,  p.  75. 
each  house  to  choose  i(s  ollicers,  4,  7,  p.  77. 
and  judge  of  election  of  its  members,  4,  7,  p.  77. 
majority  to  constitute  a  quorum,  4,  8,  p.  78. 
each  house  to  determine  rules  of  proceedings,  4, 

9,  p.  79. 
two-thirds  required  to  expel  a  member,  4,  9,  p. 

79. 
to  keep  and  publish  a  jounial,  4,  10,  p.  79. 
members  to   be  privileged   from   arrest,  4,   11,   p. 

SO, 


IXDEX   TO   CONSTITUTION   OF    1879.  599 

LEGISLATURE— vacancies,   how   filled,   Art.  4,   Sec. 

12,  p.  SO. 
sessions  to  be  open,  4,  13,  p.  81. 
adjournments,  restriction  on  powers,  4,  14,  p.  81. 
laws,  how  passed,  4,  15,  p.  81. 
impeachment  and  trial  by,  4,  17,  p.  84. 
disqualitication  of  member  to    hold  certain  oflB- 

ces,  4,  19,  p.  8(j. 
what  officers  not  eligible  to  membership,  4,  20, 

p.  87. 
to  provide  punishment  of  embezzlement  and  de- 

fiilcation,  4.  21,  p.  88. 
to  Avhat  institutions  aid  may  be  granted,  4,  22, 

p.  88. 
moneys,  how  drawn  from  treasury,  4,  22,  p.  88. 
per  diem  and  mileage  to  members,  4,  23,  p.  91. 
acts  to  embrace  but  one  subject,  4,  24,  p.  92. 
proceedings  to  be  published  in  English  only,  4, 

24,  p.  92. 
local  or  special  laws  not  to  be  passed,  4,  25,  p. 

99. 
no    power  to  authorize    lotteries    or  gift    enter- 
prises, 4,  20,  p.  112. 
vote  on  elections  to  be  viva  voce,  4,  28,  p.  115. 
general  appropriation  bill,  what  to  contain,  4,  29, 

p.  115. 
appropriations  not  to  be  made  for  sectarian  pur- 
poses, 4,  oO,  p.  116. 
credit  of  state  or  subdivisions  of  state  not  to  be 

given  or  lent,  4,  31,  p.  110. 
extra  compeysation  for  past  services  prohibited, 

4,  32,  p.  119. 
to  regulate  telegraph   and  gas  companies,  4,  33, 

p.  121. 
to  regulate  storage  and  wharfage  charges,  4,  33, 

p.  121. 
special  appropriation   bills,   what  to  contain,   4, 

34,  p.  121. 
lobbying  prohibited,  declared  a  felony,  4,  35,  p. 

122. 
when  to  choose  governor,  5,  4,  p.  125. 
when  governor  may  convene  by  proclamation,  5, 

9,  p.  130. 
power  when  so  convened,  5,  9,  p.  130. 


600  INDEX   TO   CONSTITUTION   OF   1879. 

LEGISLATURE— adjournment   by  governor.   Art.  5, 
Sec-.  11,  p.  130. 

secretary  of  state  to  keep  records  of,   5,  18,  p. 
134. 

may  abolish  office  of  surveyor  general,  5,  19,  p. 
134. 

power  to  fix  compensation  of  state  officers,  5,  19, 
p.  134. 

may  establish  Inferior  courts,  G,  1.  p.  137. 

cannot  grant  leave  of  absence  to  judicial  officer, 
6,  9,  p.  174. 

may  increase  or  diminish  number  of  judges,  6, 
9,  p.  174. 

may  remove  justice  or  judge,  6.  10,  p.  175. 

tvi'o-thirds  vote  required,  G,   10,  p.  175. 

to  determine  number  of  justices  of  the  peace,  6, 
11,  p.  175. 

mav  prescribe  other  courts  as  courts  of  record, 
6^  12,  p.  180. 

may  fix  jurisdiction  of  inferior  coui'ts,  6,  13,  p, 
180. 

to  provide  for  election  of  supreme  court  clerk,  6, 
14,  p.  181. 

and  fix  duties  and  compensation,  6,  14,  p.  181. 

may  provide    for  appointment  of  coiu't  commis- 
sioners, G,  14,  p.  181. 

to    provide  for   publishing  opinions  of   supreme 
court,  G,  IG,  p.  182. 

autliorily  on  conviction  for  treason,  7,  1,  p.  188. 

restriction  on   power,  7,  1,  188. 

to  provide  for  organization  and  disciplining  mil- 
itia, 8,  1,  p.  r.to. 

to  encourage  dilTusion   of  knowledge  and   intel- 
ligence, 9,   1,  p.  I'.t2. 
may  authorize  counlies    lo  unite  in  election    of 
scliool  superiiileudcnt,  9,  3,  p.  I'.Ki. 

to    provide  system  of  common   scliools,  9,  5,   p. 
194. 

may  establish  high  schools,  normal  scliools,  etc., 
9,  G,  p.  VX>. 

duty  as  to  university  I'unds.  9,  9.  p.  199. 

to  classify  board  of  prison  tiircctors,  10,  1,  p.  204. 

ami  prescribe  tlieir  duties.  10,  2,  p.  205. 

to  regulate  reformatory  institutions,  10.  2,  p.  205. 


INDEX   TO   CONSTITUTION   OF   1879.  601 

LEGISLATURE— to  direct  aiuliting  expenses  of 
board,  Art.  10,  Sec.  4,  p.  205. 

to  pass  laws  regulating  their  powers,  10,  5,  p. 
206. 

to  define  powers  and  duties  of  clerk  of  state  pris- 
on,  10,   5,  p.   206. 

to  provide  for  convict  lalwr,  10,  6,  p.  206. 

to  establish  system  of  county  governments,  11,  4, 
p.  211. 

to  provide  for  election  of  county  officers  under 
general  laws,  11,  5,  p.  213. 

and  township  and  municipal  officers.  11,  5.  p.  213. 

to  prescribe  their  duties  and  term  of  office,  11, 
5,  p.    213. 

and  for  their  strict  accountability,  11,  5,  p.  213. 

may  levy  taxes  on  municipal  coi'porations,  11,  12, 
p.  252. 

cannot  delegate  power  to  commissions,  corpora- 
tions, etc.,  11,  13,  p.  256. 

to  provide  for  punishment  for  use  of  public  funds. 

11,  17,  p.  250. 

cannot  grant  charter  for  banking,  12,  5,  p.  280. 
not  to  extend  franchise  or    remit    forfeiture,  J2, 

7,  p.  280. 
not  to  relieve  corporation  from  liability,  12,  10, 

p.  282. 
vested  with  power  to  regulate  fares  and  freights, 

12,  20,  p.  288. 

may  prescribe  penalty  for  extra  charges,  12,  22, 
p.  280. 

may  remove  railroad  commissioner,  12,  22,  p.  289. 

may  till  vacancy  in  commission,  12,  22,  p.  289. 

may  enforce  forfeiture  of  charter  for  excessive 
charges  of  fares  and  freights,  12,  23,  p.  293. 

to  pass  laws  to  enforce  provisions  concerning 
corporations,  12,  24,  p.  293. 

may  provide  for  deduction  of  debts  on  assess- 
ment, 13,  1,  p.  294. 

to  provide  for  assessment  of  lands  in  small  tracts, 

13,  3,  p.  308. 

not  to  surrender  power  of  taxation,  13,  6,  p.  312. 
may  provide  for  payment  by  installments,  13,  6, 
p.  312. 

Constitution — 51 


602  INDEX    TO   CONSTITUTION   OF    1879. 

LEGISLATURE— may  require  annual  statement  un- 
der oatli,  Art.  13,  See.  6,  p.  312. 
may  provide  for  income  taxes,  13,  11,  p.  320. 
may  provide  for  a  poll  tax,  13,  12,  p.  320. 
to  carry  out  taxation  provisions.  13,  13,  p.  320. 
to  lix  penalty  for  failure  to  fix  water  rates,  14, 

1,  p.  321. 

to  regulate  sale  and  rent  of  water,  14,  1,  p.  321. 
to  provide  against  obstructions  to  navigation,  15, 

2,  p.  328. 

restriction  on  power  to  create  debt,  IG,  1,  p.  330. 

to  protect  homesteads,  17,  1,  p.  333. 

to  discourage  land  monopoly,  17,  2,  p.  334. 

to  regulate  grants  of  state  lands,  17,  3,  p.  334. 

to  protect  from  alien  paupers,  etc.,  19,  1,  p.  340. 

to  provide  for  their  removal,  19,  1,  p.  340. 

to  pass  police  regulations,  19,  1,  p.  340. 

to  enforce  provisions   against  Chinese,   19,  2,  p. 

3-11. 
to  discourage  immigration  of  certain  foreigners, 

19,  4,  p.  342. 
to  enforce  removal  of  Chinese,  19,  4,  p.  342. 
to  prescribe  penalties  for  introduction  of  coolies, 

19,  4,  p.  342. 
to  delegate  power  to  remove  Chinese,   19,  4,  p. 

342. 
legislators  to  take  and  subscribe  oath,  20,  3,  p. 

34.5. 
to  direct  appointment  or  election  of  certain  of- 
ficers, 20,  4,  p.  346. 
to  direct  bringing  suits  against  state,  20,  G,  p. 

347. 
to  regulate  elections  by  general  laws,  20,  11.  p. 

.348. 
to   provide    for    instilulion    of    state    board   of 

health.   20,   14.   p.   31!). 
to  i)r()vido  for  enforcement  of  lions  of  mechanics, 

etc..  20,   15,  p.  349. 
may  provide  for  expenses  of  convention,  20,  19, 

p.  35.3. 
LEGISLATIVE  ACT— to  embrace  but  one  subject,  4, 

24.  p.  92. 

See  Legislature;  Laws. 


INDEX   TO   CONSTITUTION   OF    1879.  G03 

LEGISLATI^  E      COMMITTEE— right      to      inspect 

books  of  corporation,  Art.  12,  Sec.  14,  p.  384. 
LEGlSTvATlVE  DEPARTMENT— 3,  1,  p.  61. 
power  vested  in,  4.  1,  p.  67. 

records  to  be  kept  by  secretary  of  state,  5,  19,  p. 
134. 

See  Legislature. 
LEGISLATIVE  GRANTS— power  of  taxation  cannot 

be  surrendered  in,  13,  6,  p.  312. 
LEGISLATIVE  POWER— exercise  of,  p.  68. 
delegation  of,  p.  69. 

See  Legislature. 
LEGISLATIVE   PROCEEDINGS— on  proposed 
amendments,  18,  1,  p.  337. 
on  proceedings  to  revise,  18,  2,  p.  338. 
to  be  published  in  English  only,  4,  24,  p.  92. 
LEGITIMATION    OF    CHILDREN— special    legisla- 
tion prohibited,  4,  25,  p.  99. 
LELAND     STANFORD     JUNIOR     UNIVERSITY— 
property  of  exempt  from  taxation,  9,  10,  p.  201. 
trusts  for  confirmed,  9,  10,  p.  201. 
LIABILITY— not    to    be  released  by  special  legisla- 
tion, 4,  25,  p.  99. 
of  stockholders  of  corporations,  12,  3,  p.  274. 
of  franchise  not  to  be  released,  12,  10,  p.  282. 
of  corporation,  where  may  be  sued,  12,  16,  p.  285. 
LIBEL— criminal  prosecutions  for,  1,  9,  p.  11. 
places  of  trial,  1,  9,  p.  11. 
evidence  in  cases  of,  1,  9,  p.  11. 
jury  to  judge  of  law  and  fact,  1,  9,  p.  11. 
LIBERTY  OP  CONSCIENCE  SECURED— 1,  4,  p.  6. 

licentiousness  not  excused,  1,  4,  p.  6. 
LIBERTY  AND  PROPERTY— protection  of,    1,    13, 

p.  17. 
LIBERTY  OP  SPEECH— not  to  be  restrained,  1,  9, 

p.  11. 
LICENSE— cannot  be  granted  by  special  legislation, 

4,  25,  p.  99. 
LICENSE  REGULATIONS— pp.  250,  254. 
LICK  SCHOOL— See  California  School  of  Mechanical 

Arts. 
LIENS— cannot  be  created  by  special  legislation,  4, 
25,  p.  99. 
on  property,  created  by  taxation,  13,  4,  p.  308. 


604  INDEX   TO   CONSTITUTION   OF   1879. 

LIENS— jurisdictiou  of  superior  courts,  Art.  6,  Sec. 
5.  p.  154. 
jurisdiction  of  justices  of  the  peace,  6,  2,  p.  139. 
of  mechanics,  materialmen,  etc.,  20,  15,  p.  ^49. 
LIEUTENANT-GOVERNOR— liable  to  impeacliment, 
4,    IS,    p.    85. 
when  and  how  to  be  elected,  5,  15,  p.  131. 
term  of  otiice,  5,  15,  p.  131. 
to  be  president  of  the  Senate,  5,  15,  p.  131. 
disqualification  for  other  office,  5,  15,  p.  131. 
when  to  act  as  governor,  5,  1(>,  p.  132. 
compensation  of,  5,  19,  p.  134. 
LIFE,     LIBERTY,     AND     PROPERTY— inalienable 
rights,  1,  1,  p.  2. 
not  to  be  deprived  of  without  due  process  of  law, 
1,  13,  p.  17. 
LIMITATION  OF  ACTIONS— special  legislation  pro- 
hibited, 4,  25,  p.  99. 
LOBBYING— a  felony,  4,  35,  p.  122. 
what  constitutes,  4,  35,  p.  122, 
LOCAL    LEGISLATION— on    certain    matters,    pro- 
hibited, 4,  25,  p.  99. 
in  all  cases  where  general  laws  may  be  made  ap- 
plicable,  4,   25,  p.  99. 
LOCAL  OPTION  LAWS— p.  09. 
LOCAL  POLICE  AND  SANITARY  LAWS— counties 

and  cities  to  enact,  11,  11,  p.  242. 
LOS  ANGELES— two    superior    judges  for,  6,  6,  p. 
170. 
salary  of  superior  judge,  G,  17,  p.  182. 
LOTTERlES-prohibited.  4,  20,  p.  112. 
LUCRATIVE  OFFICE— defined,  4,  20,  p.  87. 

MA.TORITY— special  statute  cannot  din-lare  person  of 
age,  4,  25,  p.  99. 
of  legislature  to  constitute  a  quorum,  4,  8,  p.  78. 
necessary  to  pass  ii  bill,  4.  15,  p.  >S1. 
MALFEASAXtUO  IN  OFFICE— conviction  for,  a  dis- 
franchisement, 20,  11,  ]).  :'>48. 
excludes  from  office,  juries,  etc.,  20,  11,  p.  348. 
MANA(;i':US— of  corporations,  how  elected,  12,  12,  p. 

283. 
MANDAMUS— supreme  court  may  issue,  6,  4,  p.  144. 
original  jurisdiction  in  superior  court,  0,  5,  p.  154. 


INDEX    TO    CONSTITUTION   OF   1879.  G05 

MANDATORY— character  of  provisions  in  new  con- 
stitution, Art.  1,   Sec.  22,  p.  52. 
MANUFACTURING  SOCIETY— manner   of    electing 

officers,  12,  11,  p.  282. 
MARGIN  CONTRACTS— for  stock,  void,  4,  2G.  p.  112. 
MARRIAGE— conformity  to    religious    forms    not  re- 
quired,   20,    7,   p.   347. 
separate  property  of  husband  and  wife,  20,  8,  p. 

347. 
original  jurisdiction  in  annulment  of,  6,  5,  p.  154. 
MATERIALMEN— secured   by   lien  on  property,  20, 

15,   p.  349. 
INIAYOR- to  fill  vacancy  in  board  of  supervisors,  11, 
7,  p.  225. 
to  certify  copy  of  city  charter,  11,  8,  p.  227. 
MECHANIC  ARTS— to    be  supported,    etc.,  9,  9,  p. 

199. 
MECHANICS-  secured  by  lien  on  property,  20,  15.  p. 
.349. 
legislature  to  provide  for  enforcement  of,  20,  15, 
p.  349. 
MEMBERS   OF   LEGISLATURE— limitation  of  pay 
of,  4,  2,  p.  73. 
to  be  privileged  from  ari-est,  4,  11,  p.  80. 
for  what  offices  disqualified  4,  19.  p.  80. 
restriction  as  to  power  to  ad.iourn,  4,  14,  p.  81. 
to  vote  viva  voce.  4,  28,  p.  115. 
IMEMKEKS  OF  ASSEMBLY -when  and  how  elected, 
4,  3,  p.  73. 
term  of  otfice,  4,  3,  p.  73. 
qualifications  of,  4,  4,  p.  74. 
how  and  when  elected,  4,  5,  p.  75. 
to  be  privileged  from  arrest,  4,  11,  p.  SO.  . 
for  what  offices  disqualified,  4,  19,  p.  80. 
per  diem  and  mileage,  4,  23,  p.  91. 
influenced  by   promise   of  reward  guilty   of  fel- 
ony, 4,  35,  p.  122. 
not  to  receive  free  pass  on  railroad,  12,  19,  p.  288. 
to  take  and  subscribe  oath,  20,  3,  p.  345. 
MERCANTILE  SOCIETIES— manner  of  electing  of- 
ficers, 12,  11,   p.  282. 
MESSAGE— of  governor  to  legislature.  5.  10,  p.  130. 
MILEAGE— to  members  of  legislature,  4,  23,  p.  91. 


606  IXDEX   TO   COXSTITt'TIOX   OF   1879. 

MILITARY— subordinate  to  civil  power,  Art.  1,  Sec. 
12.  p.  17. 
standing  army  not  to  be  liept  in  time  of  peace, 

I,  l^^p.  17. 

See  Militia. 
MILITIA— no  imprisonment  for  fines.  1.  !."».  p.  41. 
organization  and  discipline  of,  8.  1.  p.  100. 
restriction  as  to  carrying  banners  or  flags,  8,  2, 

p.  191. 
olficer,  when  not  eligible  to  civil  oflice,  4,  20,  p. 

87. 
governor  to  be  commander-in-chief,  5.  5,  p.  126. 
to  sign  and  seal  commissions.  5.  14,  p.  131. 
power  of  governor  to  call  out.  8,  1,  p.  190. 
governor  to  remain  in  command  of,  5,  IG.  p.  132. 
exemption  of  electors  from  dxity  in,  2,  3,  p.  59. 
MINORS— cannot  be  affected  by  special  statute,  4, 
25,  p.  99. 
as  to  property  of.  4,  25,  p.  99. 
MISAPPROPRIATION— of    public    moneys,    to    dis- 
franchise, 2,   1,  p.  54. 
MISCELLANEOUS  SUBJECTS— 20,  1,  p.  343. 
MISDEMEANOR- in  office,  provisions  to  be  made  for 
punishment  of,  4,  IS,  p.  85. 
local  and  special  legislation  prohibited,  4,  25,  p. 

99. 
original  jurisdiction  in  superior  courts,  6,  5,  p. 
154. 
MONEY— how  and  when  drawn  from  treasury,  4,  22, 
p.  88. 
in  treasury  cannot  be  refunded  under  special  act, 

4,    25,    p.    99. 
paid    on    stoclc    bought    on    margin    recoverable 

h-.u-k.  4.  26,  p.  112. 
in  liands  of  municipal    officers    to    bo  paid  into 

Treasury.  11,  16,  p.  258. 
officers  using  or  making  profit  guilty  of  a  felony, 

II,  17,  p.  259. 

corporation  can  issue  nolliing  l)ut  l.iwful  money 

of  Ignited  States.  12,  5,  p.  280. 
lial)le  to  taxation,  13,  1,  p.  294. 
to  be  applied  to  pa.yment  of  state  debt.  16,  1,  p. 

:vM). 
MOX(;oLIANS— See  Chinese. 


INDEX   TO    CONSTITUTION   OF   1879.  GOT 

MORTGAGES— taxation  of,  Art.  13,  Sec.  4,  p.  308. 

how  taxed,  13,  4,  p.  308. 

contract  of  debtor  to  pay  tax  voM,  13,  5.  p.  311, 
MUNICIPAL  AFFAIRS— what  are,  11,  G,  p.  218. 
MUNICIPAL  CORPORATION— prohibited  from  aid- 
ing sect  or  creed,  4,  30,  p.  IIG. 

prohibited  from  loaning  or  giving  its  credit,  4, 
31,  p.  IIG. 

shall  not  be  created  by  special  acts,  11,  6,  p.  218. 

to  be  organized  and  classified  by  general  laws, 
11,  G.  p.  218. 

and  subject  to  control  of  general  laws,  11,  6,  p. 
218. 

charter  of  city,  how  ol)taiiied,  11,  8.  p.  227. 

not  to  be  relieved  from  proper  share  of  taxes, 
11.   10,  p.  241. 

power  to  assess  and  levy  taxes,  11,  12,  p.  252. 

authority  as  to  improvements,  11,  13,  p.  25G'. 

authority  to  appoint  inspection  officers,  11,  14,  p. 
258. 

private  property  not  to  be  talven  for  debts  of,  11, 
15,  p.  258. 

moneys  to  be  deposited  with  treasurer,  11,  16,  p. 
258. 

use  of  same  by  official  a  felony,  11,  17.  p.  259. 

property  of  exempt  from  taxation,  13,  1,  p.  294. 

prohibited  from  employing  Chinese,  19,  3,  p.  241. 
MUNK^IPAL  DEBTS— liability  of  new  counties,  11, 
3,  p.  208. 

private  property  not  to  be  talieu  for,  11,  15,  p. 
258. 

restriction  on  power  to  incur,  11,  18,  p.  2-59. 
MUNICIPAL     FINE— appellate    jurisdiction   of    su- 
preme court,  6,  4,  p.  144. 

original  jurisdiction  of  supei'ior  court,  6,  5,  p.  154. 
MUNICIPAL    OFFICERS— election    or    appointment 
of,  11,  5,  p.  213. 

compensation  not  to  be  increased  during  term,  11, 
9,  p.  240. 

term  not  to  be  extended,  11,  9,  p.  240. 

to  pay  moneys  into  the  treasury.  11,  16,  p.  2.58. 
MUNICIPAL  TAXES— power  delegated  to  municipal- 
ity, 11,  12,  p.  252. 


G08  INDEX   TO   CONSTITUTION   OF    1879. 

NAMES— change    of,    special    legislation    prohibited. 

Art.  4,  Sec.  25,  p.  99. 
NATURALIZATION— power  of  superior  court,  G,  5, 

p.  l.'')4. 
NAVIGABLE  WATERS- harbor  frontages  as,  ir>,  1, 

p.  328. 
to  be  protected,  15,  1,  p.  328. 
NAA'IGATION— freedom  of  to  be  secured,   15,   2.  p. 

328. 
NEGLECT— of  supervisors  to  fix  water  rates,  penalty 

for,  14,  1,  p.  321. 
rights  of  parties  interested,  14.  1,  p.  321. 
NEVADA— salary  of  superior  judge,  G,  17,  p.  182. 
NEW  COUNTIES- restrictions  on  formation  of,  11.  3, 

p.  208. 
NONJUDICIAL   DAYS— certain   writs  served  on,  G, 

5,   p.    154. 
NORMAL  SCHOOL— may  be  established  by  legisla- 
ture, 9,  G,  p.  195. 
NOTICE— of  meeting  for  increase  of  corporate  stock, 

12,  11.  p.  182. 
NUISANCES  —  appellate    jurisdiction     of     supreme 

court,  G,  4,  p.   144. 
original  jurisdiction  of  superior  court,  G,  5,  p.  154. 

OATH    OR   AFFIDAVIT— to   sustain    issue   of  war- 
rants, 1,  19,   p.  50. 
of  senators  on  trial  by  impeacliment,  4,  17,  p.  84. 
to  be  tal^iMi    by  justices    and    Judges  on  drawing 

salary,  (J,  24,  p.  187. 
form  of  oath  of  office,  20,  3,  p.  ;i45. 
OATH  OF  OFFKE -member  of  legislature  to  take, 
20,  3,  p.  345. 
form  of  oalli  of  office.  20.  3.  p.  .345. 
executive  and  judicial  officers  to  take,  20.  3,   p. 
345. 
OBLIGATIONS— of  contract   not   to  be  impaired,   1, 
IG.   p.   41. 
existing,  unaffected  by  adoption  of  new  constitu- 
tion, 22,  2.  p.  3(!1. 
OFFENSES — to   be  prosecuted   by   indictment  or   in- 
formation,  1,  8.  p.  10. 
no  person  to  l>e  jtnt  twic(>  in  jeopardy.  1,  3,  p.  5. 
right  of  trial  by  jury  secured,  1,  7,  p.  8. 


INDEX    TO    CONSTITUTION   OF   1879.  609 

OFFENSES— impeacbmeut  of  officer  for,  Art.  4,  Sec. 
18,  p.  8.".. 

power  of  JTOvernor  to  grant  pardon  for,  7,  1,  p. 
188. 
OFFICES— property    qualification   not   necessary,    1, 
24,  p.  53. 

disqualification  in  certain  cases,  4,  19,  p.  86. 

wl)o  ineligible  for,  4,  20,  p.  87. 

embezzlement  and  defalcation  to  disqualify  for, 
4,  21,  p.  88. 

cannot  be  created  by  special  legislation,  4,  25,  p. 
99. 

vacancy,  when  filled  by  governor,  5,  8,  p.  120. 

to  be  maintained  by  corporation,  12,  14,  p.  284. 

forfeiture  for  acceptance  of  free  passes,  12,  19,  p. 
288. 

oath  of  office,  form  of,  20,  3,  p.  345. 

no  declaration  or  test  required,  20,  3,  p.  345. 

created  by  law.  how  filled,  20,  4,  p.  346. 

offering  bribe  to  procure  election  a  disqualifica- 
tion, 20,  10,  p.  348. 

exclusion  from  for  bribery,  forgery,  etc.,  20,  11, 
p.  348. 

term  of  when  not  herein  declared,  20,  10,  p.  350. 

terms  of,  when  to  commence,  20,  20,  p.  353. 

hereafter  created  to  be  subject  to  legislative  di- 
rection, 20,  4,  p.  346. 
OFFICE  OF  CORPORATION— to    be   maintained  in 

state,  12,  14,  p.  284. 
OFFICER— fees  and  salaries,  special  legislation  pro- 
hibited, 4,  25,  p.  99. 

not  to  be  allowed  extra  compensation,  4,  32,  p. 
119. 

to  regulate  rates  of  charges  of  corporations,  4, 
33,  p.  121. 

who  impeachable,  4.  18,  p.  85. 

of  departments  to  furnish  information  to  execu- 
tive, 5,  0,  p.   126. 

of  United  States  not  eligible  for  governor,  5,  12, 
p.    131. 

of  militia  elected  and  appointed  pursuant  to  law, 
8,  1,  p.  190. 

to  be  commissioned  by  governor,  8,  1,  p.  190. 


610  INDEX    TO   CONSTITUTION   OF   1879. 

OFFICER— of  city,  comity,   or  town,  term  of  ofl3ce 
and  compensation,  Art.  11,  Sec.  9,  p.  240. 
using  or  malviug  protit  out  of  public   money   a 

felony,   11,   17,  p.  259. 
of  corporation,  residence  to  be  entered  in  books, 

12,  14,  p.  2S4. 
not  to  be  interested  in  furnishing  supplies,  etc., 

12,  18,  p.  287. 
of  state,  acceptance  of  free  passes  a  forfeiture 

of  office,  12,  19,  p.  2S8. 
of  corporation,   fined  and  imprisoned  for  extor- 
tion, 12,  22,  p.  289. 
executive  and  judicial,  to  take  oath  of  office,  20, 

3,  p.  345. 
for  offices  hereafter  created  to  be  elected  or  ap- 
pointed, 20,  4,  p.  340. 
Avlien  to  hold  office    at    pleasure    of    appointing 

power,   20,   16,  p.  350. 
term  not  to  exceed  four  years,  20,  16,  p.  350. 
term  of,  when  to  commence,  20,  20,  p.  353. 
term  of  at  first  election,  22,  10,  p.  360. 
OFFICIAL  ACTS— cannot    be    validated    by    special 
acts,  4,  25,  p.  99. 
record  to  be  kept,  5,  18,  p.  134. 
OFFICIAL  OATH— 20,  3,  p.  345. 

OPINIONS  OF  SUPREME  COURT— to  be  published^ 
6,  16,  p.  182. 
free  for  publication  by  anyone,  6,  16,  p.  182. 
OUDINANCE— to  fix  water  rates,  14,  1,  p.  321. 
OUCANIZATION— of  supreme  court,  6,  2,  p.  139. 
of  superior  court,  6,  (!,  p.  170. 
of  munlciiial  corporations,  11,  6,  p.  218. 
ORIGINAIi  J  URISDICTION— of  superior  court,  6,  5, 

p.  154. 
ORPHANS— State  may    provide    for    support    of,  4, 
22,  p.  88. 

PARDON— power  of  goveruor  to  grant,  7,  1,  p.  188. 

reslriction    on  power,  7,  1,  p.  1S8. 
PARKS— special  Icgisl.iliou  iwohibited,  4,  2.5,  p.  99. 
PARTIES— corporations  may  sue  and  be  sued,  12,  4, 

p.  279. 
I'AUPERS— exemption  from  poll  taxes,  13,  12,  p.  320. 


INDEX   TO   CONSTITUTION   OF   1879.  611 

PASSAGE  OF  BILLS— mode  of,  Art.  4.  Sec.  15,  p.  81. 

when  l»ill  Iteeomes  a  law,  4,  16,  p.  82. 
PAYMENT  OF  TAX-by  iustallments,  13,  7,  p.  312. 
PEACE  AND  SAFETY— to  be  secured,  1,  4,  p.  6. 
PENALTIES— cannot  be  remitted  by  special  legisla- 
tion, 4,  25,  p.  9t). 
for  absence  of  member  of  legislature.  4,  8,  p.  78. 
on      transportation      companies      for      excessive 

charges,  12,  22,  p.  289. 
legislature   may  prescribe   additional,    12,   22,    p. 

289. 
of  supervisors  for  neglect  to  fix  water  rates,  14, 

1,  p.  321. 
for  unduly  influencing  elections,  20,  11,  p.  348. 
PEOPLE— political  power  inherent  in,  1,  2,  p.  5. 

right  of  free  assemblage  and  petition,  1,  10,  p.  12. 
right  of  security  from  searches  and  seizures,  1,  19, 

p.  50. 
rights  not  impaired  by  enumeration  in  constitu- 
tion, 1,  23,    p.  53. 
style  of  process  in  name  of,  6,  20,  p.  185. 
PER  DIEM— of  legislators,  4,  23,  p.  91. 
of  lieutenant-governor,  5,  19,  p.  124. 
of  delegates,  legislature  may  provide  for,  20,  19, 
p.  353. 
PERJURY— disqualification  on  conviction  for,  4,  19, 
p.  86. 
to  exclude  from  office,  jury,  and  right  of  suffrage, 
20,  11,  p.  348. 
PERPETUITIES— prohibited,  except  for  certain  pur- 
poses, 20,  9.  p.  348. 
PERSONAL    AND    PROPERTY    RIGHTS— securitv 

of,  1,  13,  p.  17. 
PP:TITI0N— right  of  secured,  1,  10,  p.  12. 
PLACE  OF  TRIAL— in  libel  cases,  1,  9,  p.  11. 
may  be  changed,  1,  9,  p.  11. 
of  real  actions,  6,  5,  p.  154. 
in  suits  affecting  corporations,  12,  16,  p.  285. 
PLACES  OF  VOTING— to  be  fixed  by  general  laws, 

except,  4,  25,  p.  99. 
PLURALITY  VOTE— constitutes  a  choice,  20,  13.  p. 

.349. 
POLICE  COURTS— not  abolished  by  new  constitu- 
tion, 22,  3,  p.  361. 


612  INDEX   TO    COXSTITUTION   OF   1879. 

POLICE  JUDGES— local  and  special  legislation  pro- 
hibited. Art.  4.  Sec.  25.  p.  99. 
POLICE  LAWS— legislature  to  pass,  19,  1,  p.  340. 
POLICE  POWERS— of  state,  p.  71. 

corporations  subject  to  exercise  of.  12,  8,  p.  28L 
POLICE    REGULATIONS— county,     city,    or     town. 

may  enforce,  11,  11.  p.  242. 
POLITICAL  CORPORATION— prohibited  to  give  or 

lend  credit.  4,  31,  p.  116. 
POLITICAL  SUBDIVISION— not  to  subscribe  to  cor- 
poration stock.  4,  31,  p.   IIG. 
POLITICAL  POWERS— inherent  in  people,  1,  2,  p.  5. 
POLL  TAXES— legislature  may  provide  for,  13,  12, 
p.  320. 
to  be  paid  into  school  fund.  13.  12,  p.  320. 
POPULAR    ASSE]MBLIES— rights  of  citizens,  1,  10. 

p.   12. 
POSSESSION  OF  PROPERTY— rights  of  foreigners. 

L  17,  p.  48. 
POSTMASTER— when  may  hold  civil  office,  4,  20,    p. 

87. 
POWERS   OF    GOVERNMENT— how  distributed,   3, 
1.  p.  61. 
legislative,  where  vested,  4,  1,  p.  67. 
executive,  where  vested,  5,  1,  p.  124. 
judicial,  Avhere  vested,  6,  1,  p.  137. 
pardoning  power,  7,  1,  p.  188. 
militia,  8.  1,  p.  190. 
municinal  corporations,  11,  16,  p.  258. 
POWER  OF  TAXATION— not  to  be  surrendered  in 

grant,  13,  6,  p.  312. 
PRACTICE  IN  COURTS— local  an  1  special  legisla- 
tion i)rohibited,  4.  25,  p.  91». 
PREA^MRLE— to  constitution,  1,  1,  p.  2. 
I'RESIDENT  OF  SENATE— who  is,  5,  15,  p.  131. 
pro  tempoi'e,  when  to  act  as  governor,  5,  15,  p. 
131. 
PRESIDING  .lUDGE— to  be  chosen,  G,  6.  p.  170. 

duties  of,  6,  6,  p.  170. 
PRESS— lilK'rty  of.  secured.  1,  9,  p.  11. 
IMU.MARY  ELECTIONS— provision  for,  2,  21/4,  p.  58. 
I'RINCII»AL    PLACE    OF    BUSINESS— of    corpora- 
tions to  be  maintained,  12,  14.  p.  284. 
PRINTlNCJ-bills  to  be  printed,  4,  15,  p.  SI. 


INDEX    TO    CONSTITUTION   OF   1879.  613 

PRISON  DIRECTORS— See  State  Prison  Directors. 
PRIVILEGE — from  arrest,  of  members  of  legislature. 
Art.  4,  See.  11,  p.  80. 
of  electors  on  election  day,  2,  2,  p.  57. 
PRIVILEGES  AND  IMMUNITIES— of  citizens,  1,  21, 
p.  51. 
cannot  be  granted  by  special  act,  4,  25,  p.  99. 
reservation  of  power  in  legislature  to  revoke  or 
repeal,  1,  21,  p.  51. 

See  Immunities. 
PROBATE  MATTERS— appellate  jurisdiction  in  su- 
preme court,  6,  4,  p.  144. 
original  jurisdiction  in  superior  court,  6,  5,  p.  154. 
PROCESS — privilege  of  member  of  legislature  from, 

4,  11,  p.  80. 

of  supreme  court,  6.  4,  p.  144. 

of  superior  courts,  extent  of,  6,  5,  p.  154. 

style  of,  6,  20,  p.  185. 

power  of  railroad  commissioners  to  Issue,  12,  22, 

p.   289. 
to  compel  fixing  of  water  rates,  14,  1,  p.  321. 
PROCLAMATION— for  special  session  of  legislature, 

5,  9,  p.  130. 

on  revision  of  constitution,  18,  2,  p.  338. 
on  computation  of  votes  on  new  constitution,  22, 
9,  p.  305. 
PROFESSION— sex  not    to    disqualify  from  pursuit 

of,  20,  18,  p.  352. 
PROHIBITION— jurisdiction  of  supreme  court,  6,  4, 
p.  144. 
of  superior  courts,  6,  5,  p.  154. 
certain  writs  may  be  served  on  holidays  and  non- 
judicial days,  G,  5,  p.  154. 
of  introduction  of  Chinese,  19,  4,  p.  342. 
PROHIBITORY — provisions  of  constitution,  when,  1, 

22,  p.  52. 
PROMOTION— of  intellectual   improvement,  9,  1,  p 

192. 
PROPERTY— right  to  acquire,  possess,  and  defend, 
1,  1,  p.  177. 
persons  not    to    be  deprived  of  without  due  pro- 
cess of  law,  1,  13,  p.  17. 
not  to  be  taken  or  injured  for  public  use,  etc.,  1, 
14,  p.  31. 

Constitution— 52 


614  INDEX   TO   CONSTITUTION   OF   1879. 

PROPERTY — cannot  be  exempted  by  special  legisla- 
tion, Art.  4,  Sec.  25,  p.  99. 
liability  to  taxation,  what  includes,  13,  1,  p.  194. 
PROPERTY  QUALIFICATION— not  to  be  required 

to  vote  or  liold  ofRce.  1.  24,  p.  53. 
PROSECUTIONS— to  be  conducted  in  name  of  peo- 
ple, G,  20,  p.   185. 
existing  unaffected  by  adoption  of  new  constitu- 
tion, "22,  2.  p.  3G1. 
right  of  trial  by  jury  secured,  1,  7,  p.  8. 
rights  of  party  accused,  1,  13,  p.  17. 
PROTECTION— from  alien  paupers,  criminals,  etc., 

19,   1.   p.   340. 
PROVISIONS  OF  CONSTITUTION— mandatory  and 
prohibitory,  1,  22,  p.  52. 
See  Constitution;  State  Constitutions. 
PUBLIC  DEBTS— private  property  not  to  be  taken 

for,  11,  15,  p.  258. 
PUBLIC     FUNDS— statement    of    receipts    and    ex- 
penses to  be  published,  4,  22,  p.  88. 
to  be  deposited  with  treasurer,  11,  16,  p.  258. 
maliing  profit  on,  or    using,  a    felony,  11,  17,  p. 
259. 
PUBLIC  GRANTS— power  to  tax  not  to  be  surren- 
dered or  suspended,  13,  6,  p.  352. 
PUBLIC  GROUNDS— special   legislation   prohibited, 

4.  25.  p.  09. 
PUBLIC    IMPROVEMENTS— in    cities,    how    to    be 

made,  11,  19,  p.  265. 
PUBLIC    OFFICERS— when    not    to    receive    extra 

compensation,  4,  32.  p.  119. 
PUBLIC  SAFETY— suspension    of    writ    of    habeas 

corpus,  1,  5,  p.  7. 
PUBLIC  SCHOOLS— legislature  to  provide  a  system 
of,  9,   5,  p.   104. 
what  to  include,  9,  6,  p.  195. 
property  exempt  from  taxation,  13.  I,  p.  204. 
PUBLIC  USE— in  eminent  domain  defined,  p.  195. 
legislative  discretion,  p.  19(). 
water  riglits  declared  for,  14.  1.  p.  321. 
PUBLIC  WORKS— on  streets  of  city,  provisions  con- 
cerning, 11,  19,  p.  2(i5. 
Chines(>   prohibited   from   employment  on,   19,  3, 
p.  341. 


INDEX   TO    CONSTITUTION    OF   1879.  615 

PUBLIC  WORKS— eight  hours  to  constitute  a  day's 

work,  Art.  20,  Sec.  17,  p.  352. 
PUBLICATION— of  proceedings  of  each  house,  4,  10, 

p.  79. 
of  receipts  and  expenditures  at  each  session,  4, 

22,  p.  88. 
of  all  laws  and  official  writings  to  be  in  English, 

4,   24,  p.  92. 
of  judicial  decisions,  6,  16,  p.  182. 
of  proposed  city  charter,  11,  8,  p.  227. 
of  rates  of  fares  and  freights,  12,  22,  p.  289. 
of  proposed  amendments  to  constitution,  18,  1,  p. 

337. 
PUNISHMENTS— cruel   and   unusual,   prohibited,  1, 

6,  p.  7. 
for  extortion  in  rates  of  fares  and  freights,  12, 

22,  p.  289. 

QUALIFICATION-of  voters,  2,  1,  p.  54. 
property  not  essential  to,  1,  24,  p.  53. 
of  members  of  legislature,  4,  4,  p.  74. 
each  house  to  judge  of,  4,  7,  p.  77. 
of  governor,  5,  3,  p.  125. 
of  lieutenant-governor,  5,  15,  p.  131. 
of  justices  of  supreme  court,  G,  23,  p.  186. 
of  judges  of  superior  courts,  0,  23,  p.  186. 
declaration  or  test  not  required,  20,  3,  p.  345". 
for  office  of  public  trust,  20,  3,  p.  345. 
for  office  of  county  commissioner,  12,  22,  p.  289. 
QUARTERING  OF  SOLDIERS— provisions  concern- 
ing, 1,  12,  p.  17, 
QUORUM— majority  of  house  to  constitute,  4,  8,  p. 
78. 
less  may  adjourn  and  compel  attendance,  4,  8,  p. 
78. 
QUO  WARRANTO— power  of  superior  court,  6,  5,  p. 
154. 

RAILROAD    COMMISSIONERS— use  of   free  passes 
on  railroads,  12,  19,  p.  288. 
to  be  elected,  12,  22,  p.  289. 
salary  and  term  of  office,  12,  22,  p.  289. 
•    qualification  of,  12,  22,  p.  289. 


616  INDEX   TO    CONSTITUTION   OF   1879. 

RAILROAD  COMMISSIONERS— not  to  be  interested 

in  any  transportation  company,  Art.  12,  Sec.  22, 

p.  289. 
as  stockliolder,  creditor,  agent,  or  employee,  12, 

22,  p.  289. 
powers  and  duties  of,  12,  22,  p.  289. 
to  proscribe  uniform  system  of  lieeping  accounts, 

12,  22,   p.  289. 
to  fix  rates  of  fares  and  freights,  12,  22,  p.  289. 
and  publish  the  same  from  time  to  time,  12,  22, 

p.  289. 
rates  fixed  by  them  to  be  deemed  fair  and  rea- 
sonable, 12!  21.',  p.  289. 
to   examine    books,  etc.,  of    transportation    com- 
panies, 12,  22.  p.  289. 
to  hear  and  determine  complaints,  12,  22,  p.  289. 
to  enforce    decisions  and  correct  abuses,  12,  22, 

p.  289. 
to  r^'port  to  governor  annually,  12,  22,  p.  289. 
legislature  may  confer  further  powers,  12,  22,  p. 

289. 
or  may  remove  one  or  more  of  them,  12,  22,  p. 

289. 
vacancies  may  be  filled  by   governor.  12,  22,  p. 

289. 
appointee,  term  of  office  of.  12,  22,  p.  289. 
first  election  of  districts  allotted.  12.  23,  p.  293. 
RAILROAD  COMPANIES— may  connect  at  state  line 

with  foreign  corporations.  12,  17.  p.  28(). 
may  intersect,  connect,  or  cross  other  railroads, 

12,   17,  p.  28(5. 
delay    and   discrimination    prohibited.    12,    17,    p. 

28(>. 
officer,  agent,  or  em])loy(M^  not  to  be  interested  in 

furnisliing  with  in:iterials  and  supplies,  12,  18, 

p.    287. 
nor  when  leased,  12,  18,  p.  287. 
not  to  grant  free  passes  to  state  officials,  12,  19, 

p.  288. 
or  passes  or  tickets  at  a  discount,  12,  19,  p.  288. 
not   to  com1)ine   witli   c;>rriers  to  share  earnings 

in  certain  cases,  12,  20,  i).  288. 
rates  when    IowohmI    cannot    be  rai-'ed   without 

consent  of  govcrniiK-nt,  12,  20,  p.  288. 


INDEX   TO   CONSTITUTION    OF    1879.  617 

RAILROAD    COMPANIES— government  to  regulate 
fares  and  freights,  Art.  12,  See.  20,  p.  288. 
no  discrimination  between  places  or  persons,  12, 

21,  p.  289. 

fares  and  freights  to  any  station  not  to  exceed 

those  to  a  more  distant  station,  12,  21,  p.  289. 
excursion    and    commutation    tickets    at    special 

rates,  12,  21,  p.  289. 
state  to  be  divided  into  three  railroad  districts, 

12,  22,  p.  289. 
and  commissioners    elected    for    each,  12,  22,  p. 

289. 
fine  for  failure   to   comply   with   regulations  of 

commissioners,  12,  22,  p.  289. 
fine  and  imprisonment  of  officei's  of  company,  12, 

22,  p.  289. 

exemplary  damages  for  excessive  charges,  12,  22, 

p.  289. 
temporary  districts,  12,  23,  p.  293. 
legislature  to  enforce  provisions,  12,  24,  p.  293. 
property  of,  how  assessed,  13,  10,  p.  318. 
apportionment  of  values,  13,  10,  p.  318. 
RAILROAD  DISTRICTS— state    to    be   divided  into 
three,  12,  22,  p.  289. 
temporary  allotment,  12,  23,  p.  293. 
RAILROADS— how   assessed   for  taxation,    13,  4,   p. 

308. 
RATES  OP  CHARGES— by  corporations,  regulation 
of,  4,  33,  p.  121. 
on  railroads,  provisions  concerning,  12,  20,  p.  288. 
to   be  fixed   by  railroad  commissioners,   12,  22,  p. 
289. 
REAL  ACTIONS— where  to  be  brought,  6,  5,  p.  154. 
REAL    ESTATE— restriction  on    tenure    by  corpora- 
tion, 12,  9,   p.  281. 
REBELLION  OR  INVASION— suspension  of  habeas 
corpus,  1,  5,  p.  7. 
power  of  governor  to  suppress  or  repel,  8,  1,  p. 
190. 
RECEIPTS  AND  EXPENDITURES— to  be  published 

with  laws,  4.  22,  p.  88. 
RECESS    OF    LEGISLATURE— restriction,  payment 
of  members,  4,  14,  p.  81. 


618  INDEX    TO    CONSTITUTION    OF    1S79. 

RECOGNIZANCES— Obligations,   etc.,    unaffected  by 
adoption  of  new  constitution,  Art.  22.   Sec.  2, 
p.  301. 
RECOMMENDATIONS— to  be  made  by  governor  at 

every  session,  5,  10,  p.  130. 
RECORD — of  official  acts  to  be  kept  by  secretary  of 
state,  5,  18,  p.  534. 
to  be  kept  by  railroad  companies,  12.  22,  p.  280. 
RECORDER  OF  DEEDS— duty  as  to  city  charters, 

11,   8,   p.   227. 
REDRESS    OF    GRIEVANCES— right  of   petition,  1. 

10,  p.  12. 
REFORMATORY    INSTITUTIONS —  legislature    to 

prescribe  rules,  10,  2,  p.  205. 
REGULATION — of  court  practice,  special  legislation 
prohibited,  4,  25,  p.  99. 
of  rates  of  telegraph,  gas,  etc.,  companies,  4,  33. 

p.  121. 
of  fares  and  freights  on  railroads,  12,  22,  p.  280. 
REGISTRAR— of  voters,  in  San  Francisco,  duty  of, 

22,   6,   p.  3(54. 
RELATION— of  state  to  American  Union.  1,  3,  p.  5. 
RELEASE   OF    DEBT   Oil   OBLIGATION  —  special 

legislation  prohibited,  4,  25,  p.  99. 
RELIGION— free  exercise  of  secured,  1,  4,  p.  6. 

test  of  not  to  apply  to  witness  or  juror,  1,  4,  p. 

6. 
aid  to  private  corporations  and  institutions  pro- 

hi))itod.  4,  22,  p.  88. 
aid  to  sect  and  creed  prohibited.  4,  30,  p.  116. 
RELIGIOUS  FREEDOM— guaranteed,  1,  4,  p.  0. 
RELIGIOUS  SECT— appropriations  prohibited,  4,  30. 

p.  116. 
RELIGIOUS     TEST— not     required     of     witness    or 

juror,  1,  4,  p.  2. 
RELIGIOUS  WORSHIP— property  used  for,  exempt 

from  taxation,  13,  li/>.  p.  307. 
REMEDIES— when  cannot  be  impaired,  p.  43. 
REMOVAL— of  judicial  oftir-er.  0,  10.  p.   136. 
of  Chinese  from  cities  or  towns,  19,  4,  p.  342. 
of  supremo  court  reporter,  (5,  21,  p.  186. 
of  i)rcsi(liiig  Judge  in  San  Francisco,  6,  6,  p.  170. 
REI'RESENTATION- in  legislature,  4,  0,  p.  75. 


INDEX   TO    CONSTITUTION   OF    1879.  619 

REPORTER   OF   SUPREME   COURT— appointment 
of,  Art  6,  Sec.  21,  p.  18G. 
salary  and  term  of  office,  G,  21,  p.  18G. 
REPRIEVES— power  of  governor  to  grant,  7,    1,  p. 

188. 
RESERVED  RIGHTS— of  the  people,  1,  23.  p.  53. 
RESIDENCE— for  purpose  of  voting,  what  not  to  af- 
fect, 2,  4,  p.  59. 
not  affected  by  absence  on  public  business,  20, 

12,  p.  349. 

RESIGNATION— of  governor,  who    to    act,  5,  16,  p. 

132. 
RETROSPECTIVE  STATUTES— validity  of,  p.  45. 
RETURN— of  bill  by  governor,  4,  16,  p.  82. 
RETURNS  OF  ELECTION— for  governor,  5,  4,  p.  125, 

on  revision  of  constitution,  18,  2,  p.  338. 
REVENUE  AND  TAXATION— 13,  1,  p.  294. 

property  to  be  taxed  in  proportion  to  its  value, 

13,  1,  p.  294. 

property  to  include  money,  credits,  bonds,  etc., 
13,   1,   p.  294. 

what  property  exempt,  13,  1,  p.  294. 

deduction  from  credits  of  debts  due  residents  of 
state,  13,  1,  p.  294. 

lands  and  improvements  to  be  separately  as- 
sessed, 13,  2,  p.  308. 

lands  similarly  situated  and  of  equal  value  to  be 
assessed  at  same  value,  13,  2,  p.  308. 

to  be  assessed  by  sections  and  fractions  of  sec- 
tions, 13.  3,  p.  308. 

mortgage,  deed  of  trust,  etc.,  deemed  an  interest 
in  property,  13,  4,  p.  308. 

exceptions  in  favor  of  railroads  and  other  quasi 
corporations.  13,  4,  p.  308. 

tax  a  lien  on  property  and  securities,  13,  4,  p.  308. 

If  paid  by  owner  of  security,  becomes  part  of 
debt,  13,  4.  p.  308. 

if  paid  by  owner,  to  be  deducted  from  secured 
debt,  13,  4,  p.  308. 

contracts  by  debtor  to  pay  tax  on  the  security 
void,  13,  5,  p.  311. 

power  to  tax  not  to  be  surrendered  or  suspended, 
13,  6,  p.  311. 


G20  INDEX   TO   CONSTITUTION   OF   1879. 

REVENUE  AND  TAXATION— legislature  may  pro- 
vide for  payment  by  installments.  Art.  13,  Sec. 
7,  p.  312. 

See  Assessment;  Taxation. 
REVISION  OF  CONSTITUTION— IS,  1,  p.  337. 

two-thirds  vote  of  eacb  house  necessary  to  com- 
mand, 18,  2,  p.  338. 

convention  for  revision,  when  to  be  elected,  18, 
2,  p.  338. 

of  what  to  consist,  IS,  2,  p.  338. 

delegates,  when  to  meet,  18,  2,  p.  338. 

result  to  be  submitted  to  vote  of  people,  18,  2,  p. 
338. 

returns  and  proceedings  thereon,  18,  2.  p.  338. 

executive  to  declare  result,  18,  2,  p.  338. 

majority  of  votes  required  to  ratify,  IS,  2,  p.  338. 
RIGHTS— inalienable,  1,  1,  p.  2. 

of  witnesses,  1,  6,  p.  7. 

to  bail,  1,  6,  p.  7. 

right  of  free  assemblage,  1.  10.  p.  12. 

of  accused  in  criminal  proceedings,  1,  13,  p.  17. 

of  foreign  residents,  1,  17,  p.  48. 

of  security  from  search  and  seizure.  1,  19.  p.  50. 

enumeration  not  to  impair  others  retained,  1,  23, 
p.  53. 

right  of  suffrage,  2,  1,  p.  54. 

Chiuese  excluded  from,  2,  1,  p.  54. 

privilege  of  electors,  2,  2,  p.  57. 

from  military  duty,  2,  .3,  p.  59. 
RIGHT  OF  AVAY— apl>roi)riation  of,  1,  14,  p.  31. 

on  navigable  waters  not  to  be  obstructed,  15,  2, 
p.  328. 
ROADS— local   and   special   legislation  prohibited,   4, 

25.  p.  99. 
RULES  OF  PROCEEDING- each  house  to  regulate, 
4,  9,  p.  79. 

SABBATH— ijower     to    regulate   observance  of.    pp. 

4.  6. 
SACRAMENTO— the   seat   of   governnuMit,   20,    1,    p. 
.343. 
two  superior  judges  to  be  elected,  0,  G,  p.  170. 
salary  of,  (>,  17,  p.  182. 
S.\FF/rv   AND   II. MTl NESS— right  to  pursue,  1,  1, 
p.  2. 


INDEX    TO    CONSTITUTION   OF   1879.  621 

SALARIES — of  officers,  special  legislation  prohibited. 
Art.  4,  Sec.  ::.">,  ]).  !»!). 
of  governor,  5,  19,  p.  134. 
of  certain  officers  to  be  fixed  by  legislature,  5,  19, 

p.  134. 
of  justices  of  supreme  court,  6,  17,  p.  182. 
to  be  paid  by  state,  (i.  17,  p.  182. 
of  judges  of  superior  court,  6,  17,  p.  182. 
half  to  be  paid  by  state  and  half  by  county,  6, 

17,  p.  182. 
of  reporter  of  supreme  court,  6,  21,  p.  18G. 
of  justices  and  judges,   conditions  precedent   to 

drawing  of,  G,  24.  p.  187. 
of  superintendents  of  public  instruction,  9,  2,  p. 

193. 
of  railroad  commissioners,  12,  22,  p.  289. 
SAN  FRANCISCO— to  have  twelve  superior  judges, 
6,  G,  p.  170. 
one  to  be  eiiosen  to  preside,  6,  6,  p.  170. 
salary  of,  G,  17,  p.  182. 
sessions  of  sui)erior  courts,  6,  G,  p.  170. 
SANITARY  REUULATIONS— city,   county,  or  town 

may  enforce,  11,  11,  p.  242. 
SAN  JOAQUIN— to  have  two  superior  judges,  6,  6,  p. 
170. 
salary  of,  G,  17,  p.  182. 
SANTA  CLARA— to  have  two  superior  judges,  6,  6. 
p.  170. 
salary  of,  G,  17,  p.  182. 
SCHOOL  DISTRICT— officers  cannot  be  regulated  by 
special  laws,  4,  25,  p.  99. 
prohibited  from  aiding  religious  sect  or  creed,  4, 

30,    p.    116. 
restriction  as  to   incurring  indebtedness,   11,   18, 
p.  259. 
SCHOOL  FUNDS— proceeds  of  land  sold,  etc.,  to  con- 
stitute, 9,  4,  p.  193. 
applied    exclusively   to    primary    and    grammar 

schools,  9.  G,  p.  195. 
poll  tax  to  be  paid  into,  13,  12,  p.  320. 
SCHOOL  LANDS— sale  of,  9,  4.  p.  193. 
SCIENTIFIC   IMRROVEMENT-to    be   promoted,  9, 

1,  p.  192. 
SEAL  OF  STATE— in  custody  of  governor,  5,  13,  p. 
131. 


622  INDEX   TO   CONSTITUTION   OF    1879. 

SEARCHES  AND  SEIZURES— unreasonable  prohib- 
ited, Art.  1,  Sec.  19.  p.  50. 
warrant  to  issue  only  on  probable  cause,  1,  19,  p. 
50. 
SEAT  OF  GOA'ERNMENT— at  Sacramento,  20,  1,  p. 
343. 
provision  for  change  of,  20,  1,  p.  343. 
SECRETARY  OF  STATE— subject  to  impeachment, 
4,  18,  p.  85. 
to  countersign  grants  and  commissions,  5,  14,  p. 

131. 
mode  and  time  of  election  of,  5,  17,  p.  133. 
term  of  office,  5,  17.  p.  133. 
to  keep  record  of  official  acts,  5,  18,  p.  134. 
duties  of,  5,  18,  p.   134. 
compensation  for  services,  5,  19,  p.  134. 
duty  as  to  city  charters,  11,  8,  p.  134. 
to  canvass  returns  on  revision  of  constitution,  18, 

2,  p.  338. 
to  furnish  paper  for  ballots  for  new  constitution, 
22,   5,   p.   3G3. 
SECTARIAN    INFLUENCES  —  university    excluded 

from,  9,  9,  p.  199. 
SECTARIAN    PURPOSES  —  appropriations    prohib- 
ited, 4,  30,  p.  116. 
SECTARIAN    SCHOOLS— to   receive  no  public  aid, 

9,  8,  p.  199. 
SECURITIES— taxation  of,  13,  4,  p.  308. 
how  assessed,  13,  4,  p.  308. 

contract  of  debtor  to  pay  tax  void.  13,  5,  p.  311. 
SECURITY— from    unreasonable  searches   and   seiz- 
ures, 1,  19,  p.  50. 
SEIZURES— unreasonable  prohibited,  1,  19,  p.  50. 
SENATE— legishilive  powers  vi'sted  in,  4,  1,  p.  67. 
number  of  meml)ers  of,  4,  .'3.  p.  74. 
a  court  of  impeacliment,  0.  1,  p.  1.37. 
may  remove  justices  or  judges,  G,  10,  p.  175. 
SENATORS— when  and  how  chosen,  4,  4,  p.  74. 
term  of  office,  4,  4,  p.  74. 
iiuiiitx'r  of  4,  5,  p.  74. 
allotment   of,   4,   5,   p.   74. 
to  try  all  iinpeaclniK'nls.  (">,  1,  p.  1.37. 
to  be  on  oalli.  4,  17.  p.  Si. 
for  what  offices  dis(iualili(>d,  4,  19,  p.  80. 
to  be  under  oatli  or  allirinntion,  0,  1,  p.  137. 


INDEX    TO    CONSTITUTION    OF    1871).  G23 

SENATOR    OF    UNITED     STATES— governor    dis- 
qualified for,  Art.  5,  Sec.  20,  p.   135. 
SENATOKIAL  AND  ASSEMBLY  DISTRICTS— divi- 
sion of  state,  4,  6,  p.  75. 
SENTP]N('E— power  of  governor  to  suspend   execu- 
tion of.  7.  1,  p.  188. 
SEPARATE  PROPERTY— of  husband  and  wife,  20, 

8,  p.  347. 
SERVANT  OF  STATE— not  to  receive  extra  compen- 
sation. 4,  32,  p.  119. 
SESSIONS  OF  LEGISLATURE— when  to  commence, 
4,  2,  p.  73. 
limitation  of,  4,  2,  p.  73. 
to  be  open,  except,  4,  13,  p.  81. 
of  superior  courts,  6,  7,  p.  173. 
of  superior  courts  in  San  Francisco,  6,  6,  p.  170. 
SEX— not   to  disqualify   for  pursuit  of  lawful  busi- 
ness, 20,  18,  p.  352. 
not  to  disqualify  for  admission  into  colleges,  20, 

18,  p.  352. 
not  to  debar  from  admission  to  university,  9,  9, 
p.    199. 
SHARES  OF  STOCK— contracts  for  sale  on  margin 
void,  4,  20,  p.  112. 
legislature  may   regulate  purchase  and  sale  of, 

4,  20,   p.   112. 

SHERIFF— legislature  to  provide  for  election  of,  11, 

5.  p.  213. 

SINKING  FUND— to  be  created  to  meet  interest  and 

debts,  11,  18,  p.  259. 
SLAVERY— prohibited,  1,  18,  p.  50. 

coollieism  declared  a  form  of,  19,  4,  p.  342. 
SOLDIERS— not  to   be  quartered  in   time  of  peace, 

I.  12,  p.  17. 

SONO.MA— two  supei-ior  judges  to  be  elected,  6,  6,  p. 
170. 
salary  of  judges,  G,  17,  p.  182. 

SPEAKER    OF    ASSEMBLY— duty    on  election    re- 
turns for  governor,  5,  4,  p.  125. 

SPEECH— liberty  of  secured,  1,  9.  p.  11. 

SPECIAL  ACTS— prohibited  in  certain  cases,  4,  25, 
p.  99. 

SPECIAL    ASSESSMENTS— for   city  improvements, 

II,  19,  p.  205. 


624  INDEX   TO   CONSTITUTION    OF    1879. 

SPECIAL  COMMISSION— powers  not  to  be  delegated 

to,  Art.  11,  Sec.  13,  p.  256. 
SPECIAL    LEGISLATION— in   certain   matters   pro- 
hibited, 4,  2.5,  p.  99. 
prohibited  wliere  general  laws  apply,  4.  25,  p.  99. 
SPECIAL     PRIVILEGES      AND      IMMUNITIES— 
restriction  on  grant,  1,  21,  p.  51. 
when  validity  to  cease,  12,  0,  p.  280. 
SPECIAL    RIGHTS— cannot    be    granted    by  special 

acts,  4,  25,  p.  99. 
SPECIAL  SESSIONS— of  legislature,  how  convened, 
5,  9,  p.  129. 
power  to  act  in,  5,  9,  p.  129. 
SPECIAL   STATUTE— not  to  create  municipal  cor- 
poration, 11,  G,  p.  218. 
STANDING  AR:\IY— not  to  be  kept  in  time  of  peace, 

1,  12,  p.  17. 
STATi:— a  part  of  the  Union,  1,  3,  p.  5. 
police  powers  of,  p.  71. 
subdivision  into  senatorial  and  assembly  districts, 

4,  G,  p.  75. 
authority  over  institutions  supported  by  state  aid. 

4.  22,  p.  88. 
prohibited  to  subscribe  for  corporation  stock,  4, 

.*?1,  p.  IIG, 
not  to  loan  its  credit,  12,  13,  p.  283. 
nor  sul)scribe  for  corporation  stock,  12,  13.  p.  28.3. 
to  be  divided  into  three  railroad  districts,  12,  22, 

p.  289. 
property  of  exempt  from  taxation,  13,  1,  p.  294. 
to  replace  university  fund,  9,  9,  p.  199. 
counties  as  subdivisions  of,  11,  1,  p.  298. 
division  into  railroad  districts,  12,  22,  p.  289. 
control  of  water  riglifs,  14,  1,  p.  321. 
suits  against,  20,  G,  p.  .347. 
iKHindni-y  of,  21,  1,  p.  .'>.">. 
STATi;  I'.O.'VRD   OF   EQUALIZATION— constitution 
of,   13,  9,  p.   313. 
election,  qualilication,  and  term  of  otlice,  13,  9,  p. 

;',i3. 

duties  of  office,  13,  9,  p.  31.3. 

to  assess  railroads  and  tlieir  property,  13,   10,  p. 
318. 


INDEX    TO    CONSTITUTION    OF    1879.  025 

STATE    BOARD    OF    HEALTH— legislature  to  pro- 
vide for,  Art.  20,  Sec.  14,  p.  345J. 
STATE  CONSTITUTIONS— detined,  p.  vii. 

interpretation  and  construction,  p.  vii. 

construction  of  terms,  p.  vii. 

provisions,  mandatory  and  prohibitory,  1,  22,  p. 
52. 
STATE  CONTRACTS— power  of  taxation  not  to  be 

surrendered,  13,  0.  p.  312. 
STATE    INDEBTEDNESS— restriction  on  power  of 
lesislature,  16,  1,  p.  .330. 

limit  to  aggregate  debt,  IG,  1,  p.  330. 

provisions  to  be  made  to  pay  interest,  16,  1,  p. 
330. 

as  well  as  for  principal,  16,  1,  p.  330. 

provisions  as  to  laws  creating  debts.  16,  1,  p.  330. 
STATE    INSTITUTIONS    AND     PUBLIC    BUILD- 
INGS— alone  entitled  to  appropriations,   10,   1, 
p.  204. 
STATE   LANDS— to  be  granted  only  to   actual  set- 
tlers, 17,  3,  p.  334. 

parcels  not  to  exceed  three  hundred  and  twenty 
acres,  17,  3,  p.  334. 
STATE  OFFICERS— subject  to  impeachment,  4,  18, 
p.  85. 

election  and  term  of  office,  5,  17,  p.  133. 

compensation  of,  5,  1".>,  p.  134. 

not  to  accept  free  passes  on  railroads,  12,  19.  p. 
288. 
STATE    PRISON    DIRECTORS-board  of,  10,  1,  p. 
204. 

of  whom  to  consist,  10,  1,  p.  204. 

term  of  office,  10,  1,  p.  204. 

classification  of,  10.  1,  p.  204. 

term  of  appointee  to  vacanc.v,  10,  1,  p.  204. 

to  have  charge  of  state  prison,  10,  2,  p.  205. 

duties  of,  10,  2.  p.  205. 

to  appoint  warden  and  clerk,  10,  3,  p.  205. 

or  remove  tlieiu  for  cause,  10,  3,  p.  205. 

no  compensation   other  than   expenses   incurred, 
10,  4,  p.  205. 

powers  and  duties  to  be  regulated  by  law,  10,  5, 
p.  206. 

convict  labor  to  be  regulated,  10,  6,  p.  206. 
Constitution— 53 


626  INDEX   TO    COXSTITUTION    OF   1879. 

STATE  SCHOOL  TAX— to  be  applied  exclusively  to 
primary  aud  grammar  schools,  Art  9,  Sec.  6. 
p.  195. 
STATE  TAXES— municipal  corporations  not  to  be  re- 
leased, 11,  10,  p.  241. 

See  Revenue  and  Taxation. 
STATEMENT     OF     liECEIPTS     AND     EXPENDI- 
TURES TO  BE  PUBLISHED— 4,  22,  p.  88. 
of  taxable  property  to  be  made,  13,  8,  p.  312. 
STATUTES— enacting  clause  of,  4,  1,  p.  67. 
validity  of,  p.  x. 
in  part  invalid,  p.  xiv. 
power  to  declare  unconstitutional,  p.  x. 
creating  state  debts,  provisions  in,  16,  1,  p.  330. 
constitutionalitv   of,   p.    xiv. 
STOCK      OF      CORPORATIONS— state     prohibited 
from  subscribing  for,  4,  31,  p.  11 G. 
not  to  be  issued  except  for  money,   labor,  etc., 

12,  11,  p.  282. 
fictitious  increase  to  be  void,  12,  11,  p.  282. 
state  not  to  be  interested  in,  12,  13,  p.  28.'5. 
office  to  be   maintained   for  transfer  of,    12,    14, 

p.  284. 
subject  to  assessment  for  taxation,  13,  1,  p.  294. 
STOCK     BOARD— legislature    to    control    sales    of 

stock,  4,  26,  p.  112. 
STOCK     EXCHANGE— to   be   subject   to  control  of 

legislature,  4,  26,  p.  112. 
STOCK    .MARKET— legislature    to    control    sales    of 

stocks,  4,  26,  p.   112. 
STOCKHOLDER— Incompetent    to     appointment    to 
regulate  cliarges,  4,  33,  p.  121. 
individual  and  personal  liability  of,  12,  3,  p.  274. 
rights  on   voting  for  managers  or  directors,   12, 

"^12,  p.  283. 
to  have  free  access  to  books,  etc,  of  corporation, 
12,  14,  p.  284. 
STOCK   OR   BONDS— of  corporation,   restriction  on 
Issue,  12,  11,  p.  282. 
fictitious  increase  void,   12.  11,  p.  282. 
STOCKHOLDERS— sul)S(ripl  ion      to      l»e      kept      In 

l)Ooks,   12,   14,  p.  284. 
STOCKS— taxable,  13,  1.  p.  204. 
STORAGE— cliarges   to   be   regulated  by   legislature, 

4,  .3.3,  p.  121. 
STREET   ASSESSMENTS— pp.   20,   40.   268. 


INDEX   TO   CONSTITUTION   OF   1879.  627 

STREETS— proceedings  for  improvement  of,  Art.  11, 

Sec.  19,  p.  2()5. 
estimate  of  costs  and  expenses,  11,  19,  p.  265. 
assessment    in    proportion  to  benefits,  11,  19,  p. 

265. 
to  be  first  collected  and  paid  into  treasury,  11, 

19,  p.  265. 
may  be  used  by  gas  and  water  companies,  11, 

19,  p.  265. 

municipality  to  regulate  rates  for  gas  and  water, 

11,  19,  p.  265. 

STREETS  AND  ALLEYS— local  and  special  legisla- 
tion proliibited,  4,  25,  p.  99. 

STUDENT— absence  not  to  prejudice  right  to  vote, 
2,  4,  p.  59. 

STYTiE— of  process,  6,  20,  p.  185. 

SUB.JECT  OF  ACT— to  be  embraced  in  title,  4,  24, 
p.  92. 

SUBSCRIPTION— to  stock  to  be  entered  on  books, 

12,  14,  p.  81. 

SUCCESSION— special   legislation   prohibited,   4,   25, 

p.  99. 
SUFFRAGE— right  to,  who  entitled,  2,  1,  p.  54. 

who  prohibited,  2,  1,  p.  54. 

privilege  of  electors,  2,  2,  p.  57. 

persons  convicted  of    crimes    disqualified    from, 

20,  11,  p.  348. 

freedom  of,  to  be  protected,  20,  11,  p.  348. 
SUITS    AGAINST    STATE— subject  to  direction  of 

law,  20,  6,  p.  347. 
SUNDAY  LAWS— power  of  state  to  enact,  pp.  4,  6. 
SUPERINTENDENT   OF   PUBLIC   INSTRUCTION 
—an  executive  oflicer,  9,  3,  p.  193. 
to  be  elected,  9,  3,  p.  193. 
when  elected,  22,  10,  p.  366. 
salarv,  when  to  enter  on  office,  9,  2,  p.  193. 
SUPERINTENDENT     OF     PRINTING— to    furnish 
copies  of  new  constitution,  22,  4,  p.  362. 
to  furnish  ballots  for,  to  county  clerks,  22,  5,  p. 
363. 
SUPERINTENDENT     OF     SCHOOLS— for    county, 
election  of,  9,  3,  p.  193. 
two  or  more  counties  may  unite,  9,  3,  p.  193. 
SUPERINTENDENT  OF  STREETS— control  of  use 
of  streets,  11,  19,  p.  265. 


62S  INDEX   TO   CONSTITUTION    OF   1879. 

SUPERIOR   COURT— invested   with  judicial  power, 

Art.  6,  Sec.  1.  p.  137. 
appellate  jurisdiction  of,  6,  5,  p.  154. 
jurisdiction  of,  6,  5,  p.  154. 
power  of  naturalization,  G,  5,  p.  154. 
appellate  jurisdiction  from  justice's  court,  6,  5, 

p.  154. 
always  open,  certain  days  excepted,  6,  5,  p.  154. 
may  issue  writs,  G,  5,  p.  154. 
for  each  county,  0,  G,  p.  170. 
judges  may  apportion  business,  6,  7,  p.  173. 
judges  of  different  counties  may  interchange,  6, 

8,  p.  174. 
provision  of  judge  pro  tempore,  G,  8,  p.  174. 
judge  pro  tempore  to  be  a  member  of  the  bar, 

6,  8,  p.   174. 
to  be  a  court  of  record,  6,  12,  p.  180. 
to  appoint  commissioners,  G,  14,  p.  181. 
salary  of,  when  payable,  G,  17,  p.  182. 
judges  not  eligil)le  for  other  otlice,  G,  23,  p.  187. 
not  to  practice  law,  G,  22,  p.  187. 
SUI*P]RVISORS— legislature  to   provide   for  election 

of,  11,  5,  p.  213. 
classification  of,  11.  7,  p.  225. 
constitute  county   boards  of  equalization,   13,  9, 

p.  352. 
duties  and  authority  of,   13,  9,  p.  313. 
duty  as  to  coiiiuiou  scliools,  9,  7,  p.  19G. 
as  to  exaaiination  of  teachers,  0,  7,  p.  196. 
to   fix   water  rates,   14,   1,   p.  321. 
compulsory  process  on  failure,  14,   1,  p.  321, 
SUPREME  COITRT— invested  with  judicial  powers, 

G,  1,  p.  137. 
to  consist  of  chief  Justice  and  six  justices,  6,  2, 

p.   i;!9. 
may  sit  in  departments  or  in  bank,  G,  2,  p.  139. 
to   1)0  always  open,  G,  2,   p.    139. 
to  be  divided  into  departments  on(>  and  two,  6, 

2,  p.  1 :;'.». 
justices  to  1)0  assigned,  G.  2,  p.   l.'U). 
competent  to  sit  in  (>itlier  department,  6,  2,  p.  139. 
may   freely   interdiange,   G,   li.   j).   1:19. 
each   de])artmen1    lo   hear  and   determine  causes, 

G,  2,  p.  139. 
thi-ec  jusliccs  necessary  to  act,  G,  2,  p.  139. 


INDEX   TO   CONSTITUTION    OF    1879.  029 

SUPREME    COURT— justice  may  act  at  chambers, 

Art.  6,  Sec.  2,  p.  139. 
concurrence  of  three  necessary  to  judgment,  6, 

2,  p.  139. 
chief  justice  to  apportion  business,  6.  2,  p.  139. 
may  order  question  heai'd  in  banli,  G,  2,  p.  139. 
either  before  or  after  judgment,  0,  2,  p.  139. 
order  to  be  made  within  thirty  days,  G,  2,  p.  139. 
and  concurred  in  by  two  justices,  6,  2,  p.  139. 
its  effect  is  to  vacate  judgment,  G,  2,  p.  139. 
four  justices  may  order  hearing  in  bank,  G,  2,  p. 

139. 
judgment  final  if  order  not  made  in  time,  G,  2,  p. 

139. 
judgment  by  department  not  final  till  thirty  days, 

G,  2,   p.   139. 
unless   approved   by   chief  justice   and   two  jus- 
tices, G,  2,  p.  139. 
chief  justice  may  convene  court  in  bank  at  any 

time,  G,  2,  p.  139. 
to  preside,  G,  2,  p.  139. 
concurrence  of  four  necessary  for  judgment,  6, 

2,  p.  139. 

if  four  do  not  concur  all  qualified  must  sit,  6,  2, 

p.  139. 
and  concurrence  of  four  necessary  to  judgment, 

G,  2,  p.  139. 
decisions  in  all  cases  to  be  in  writing,  6,  2,  p.  139. 
and  grounds  to  be  set  forth,  6,  2,  p.  139. 
chief  justice  may  preside  in  either  department, 

G,  2,  p.  139. 
justices  assigned  to  select  one  to  preside,  6,  2,  p. 

139. 
when  may  select  chief  justice,  6,  2,  p.  139. 
when  chief  justice  and  justices  to  be  elected,  6, 

3,  p.  143. 

term  of  oflice,  G,  3,  p.  143. 

justices  first  elected  to  classify  by  lot,  6,  3,   p. 

143. 
so  as  to  vacate  two  seats  every  four  years,  G.  3, 

p.  143. 
entry  of  clas^ifi'T-ation  on  minutes,  G,  3,  p.  14.3. 
and  to  be  filed  with  secretary  of  state,  6,  3,  p. 

143. 


GoO  INDEX   TO   CONSTITUTION    OF   1879. 

SUPREME  COURT— iu  case  of  vacancy  governor  to 
appoint,  Art.  G,  See.  3,  p.  143. 

first  election  under  new  constitution,  6,  3,  p.  143. 

opinions  to  be  publislied,   G,   IG,  p.   182. 
SURVEYOR  GP:NERAL— subject     to     impeachment, 
4,  18,  p.  85. 

mode  and  time  of  election,  5,  17,  p.  133. 

compensation  of,  5,  lU,  p.  134. 

legislature  may  abolish  office,  5,  19,  p.  134, 
SUTTP::R— a  superior  judge  to  be  elected,  G,  G,  p.  170. 

salary  of  judge,  G,  17,  p.  182. 

TAX— appellate  jurisdiction  of  supreme  court,  6,  4, 
p.  144. 

orisinal    jurisdiction  of  superior  court,   6,  5,  p. 
154. 

commutation  of  prohibited,  11,  10,  p.  241. 

assessment  and  collection  by  municipal  corpora- 
tions, 11,   12,  p.  252. 
TAXATION— local  and  special  legislation  prohibited, 
4,  25,  p.  99. 

property  cannot  be  exempted  by  special  acts,  4, 
25,   p.  99. 

assessment  of  revenue  under  township  organiza- 
tion, 11,  4,  p.  211. 

for  municipal  purposes,  restriction  of  legislature, 
n.  12,  p.  252. 

municipal    corporations    may    be    invested    with 
powers  of.  11.  12,  p.  252. 

to  be  in  proportion  to  values.  13,  1,  p.  328. 

what  i)r()perty  Taxable,  ]).  297. 

valuation  of  property,  p.  302. 

for  public  improvements,  p.  29!». 

assessment  according  to  value,  p.  302. 

exemption  from,  p.  300. 

licenses,   pp.  250,  2.54. 

land    and    improvements    to    be    separately    as- 
sessed,  13.  2,  p.  308.  ' 

of  sectionized  and  unsectionized  lands,  13,  3,  p. 
308. 

securities  taxal)le,  13,  4,  p.  308. 

a  lion  on  property  and  securities,  13,  4,  p.  308. 

contract  to  i)iiy  tax  on  lo.-iii  void,  I."'.,  5,  p.  311. 

power  of.  cannot  be  surrendered  in  grant  or  con- 
tract,  13,  G,  p.  312. 


INDEX    TO   CONSTITUTION   OF   1879.  631 

TAXATION— payment  by  installments,  Art.  13,  Sec. 

7,  p.  312. 

sworn  statement  to  be  given  annually,  13,  8,  p. 

312. 
of  property  held  at  a  certain  day  and  hour,  13, 

8,  p.  312. 

state  board  of  equalization  to  be  eleeled,  13,  9, 

p.  313. 
county  board  of  equalization,  who  constitute,  13, 

9,  p.  313. 

duties  of  board,  13,  9,  p.  313. 

property,  where  assessed,  13,  10,  p.  318. 

state  board   to  assess  property  of    railroads   in 

more  than  one  county,  13,  lU,  p.  318. 
and   apportion   amount  among  the  counties,   13, 

10,  p.  318, 

in  proportion  to  number  of  miles  in  each,  13,  10, 

p.  318. 
income  taxes  may  be  assessed,  13,  11,  p.  320. 
annual  poll  tax  may  be  levied,  13,  12,  p.  320. 
lesfislature  to  carry  out  constitutional  provisions, 
^3,  13,  p.  320. 
See  Assessment;  Revenue  and  Taxation. 
TAXPAYER— statement,  when  to  be  made,  13,  8,  p. 

312. 
TEACtlERS— examination    under    control    of    local 
boards,  9,  7,  p.  19G. 
certificates  on  examination,  9,  7,  p.  190. 
TECHNICAL  SCHOOLS— may  be  established,  9,  6, 

p.  196. 
TELEGRAPH    COMPANIES— legislature  may  regu- 
late charges,  4,  .33,  p.  121. 
TEN  DAYS— after  session  given  for  approval  of  bill, 

4,  16,  p.  82. 
TERM  OF  OFFICE— of  assemblymen,  4,  3,  p.  73. 
of  senators,  4,  4,  p.  74. 
of  governor,  5,  2,  p.  125. 
of  lieutenant-governor,  5,  15,  p.  131. 
of  state  ofiicers,  5,  17,  p.  133. 
of  justices  of  supreme  court,  6,  3,  p.  143. 
of  judges  of  superior  courts,  6,  6,  p.  170. 
of  superintendent  of  public  instruction,  9,  2,  p. 

193. 
of  county  superintendent  of  schools,  9,  3,  p.  193. 
of  state  prison  directors,  10,  1,  p.  204. 


632  INDEX    TO    CONSTITUTION    OF   1879. 

TERM  OF  OFFICE— of  county  officers,  Art.  11,  Sec. 

5,  p.  213. 
of  city,  couiity,   and  township  officers,   11,  9,   p. 

210.' 
of  county  officers  not  to  be  extended,  11,  9,  p. 

240. 
of  railroad  commissioners,  12,  20,  p.  288. 
of  state  board  of  equalization,  13.  9,  p.  213. 
not  herein  provided  to  be  declared  by  law,  20,  16, 

p.  350. 
not  to  exceed  four  years  under  statute,  20,   16, 

p.  350. 
when  to  commence,  20,  20,  p.  353. 
at  tirst  election,  20,  20,  p.  353. 
TEST— not  required  as  a  qualitication  for  office,  20, 

3,  p.  345. 

TESTIMONY— on  prosecution  for  lobbying,  4,  35,  p. 

122. 
TEXT-BOOKS— shall  be  adopted  by  local  boards,  9. 
7,  p.  196. 
not  to  be  changed  within  four  j^ears,  9,  7,  p.  196. 
THREE-FIFTHS     VOTE— required    to    amend    city 

charter,  11,  8.  p.  227. 
TICKETS— in  lottery,  sale  of  prohibited.  4,  26,  p.  112. 
on  transportation  lines  not  to  be  given  at  a  dis- 
count, 12,  19,  p.  265. 
free   ti(  kets   prohibited  to   state  officers,    12,    19, 

p.   265. 
exception  as  to  railroad  commissioners,  12,  21,  p. 
2.S9. 
TIDE   EANDS— owners   of   not    to   exclude   right   of 
way  over  waters  adjoining,   15,  2,  p.  328. 
within  two  miles  of  cities  or  towns  to  be  with- 
held from  sale  or  grant,  15,  3,  p.  328. 
TITLE  OF  ACT— to  express  the  subject,  4.  24.  p.  92. 
TULIjS— .'ipp(>llate   jurisdiction   of    supreme   eourt,   (i, 

4,  p.   144. 

original    jurisdiction  of    superior  court,  6,   5,   p. 

154. 
TORTS- imiirisonment  for,  1,  15,  p.  41. 
TOWN   COFNClL-to  fix  water  rates  annually,   14, 

1,  p.  .321. 
TOWN  (lOVEUX.ME.XTS— p.  212. 
TOWN    I'l.ATS    spwial  legislation   proliihited,  4,  25, 

p.  99. 


INDKX   TO   CONSTITUTION   OF   1879.  G33 

TOWNS— may   make  police  or  sanitary    regulations, 
Art.  11.  Sec.  11,  p.  242. 
legislature   may   vest  power  of  taxation   in,   11, 

12,  p.  252. 
to  appoint  inspection  oflicers,  11,  14,  p.  258. 
money  collected  to  be  paid  into  treasury,  11,  16, 

p.  258. 
restriction  on  power  to  incur  debts,  11,  18,  p.  259. 
provisions  to  be  made  for  payment,  11,  18,  p.  259. 
liabililies  of,  when  void,  11,  18,  p.  259. 
mav  protect  themselves  from  alien  paupers,   19, 

1,  p.  340. 
may  remove  Chinese,  19,  4,  p.  .342. 
TOWNSHIPS— prohibited    from    giving    or    loaning 
credit,  4,  31,  p.  116. 
legislature    to    provide    for  organization   of,   by 

general  laAvs,  11,  4,  p.  211. 
assessment  and  collection  of  revenue,  11,  4,   p. 

211. 
election  and  appointment  of  officers,  11,  5,  p.  213. 
may  malie  police  and  sanitary  regulations,  11,  11, 

p.  242. 
power  of  taxation  may  be  delegated  to,  11,  12, 
p.  252. 
TOWNSHIP  OFFICERS— to  be  governed  by  general 

laws  only,  4,  25,  p.  99. 
THREE-FOURTHS  OF  JURY— may  render  verdict, 

1,   7,  p.  8. 
TRANSFER— of     corporation     stock,     where    to    be 

made.  12,  14.  p.  284. 
TRANSMISSION— of  property  rights  of  foreigner,  1, 

17,  p.  48. 
TRANSPORTATIOxNT     COMPANIES  —  are     common 
carriers,  12,  17,  p.  286. 
right  to  connect   with   companies  at   state   line, 

12,  17.  p.  286. 
delay  or  discrimination  prohibited,  12,  17,  p.  286. 
supplies  or  materials  not  to  be  furnished  by  of- 

ticer  or  agent  of  company,  12,  18,'  p.  287. 
not  to  grant  free  passes  to  state  officials,  12,  19, 

p.  288. 
a-.-ceptance  of  such  a  forfeiture  of  ofBce,  12,  19, 

p.  2S8. 
exception  as  to  railroad  commissioners,  12,  19,  p. 
288. 


634  INDEX    TO    CONSTITUTION   OF   1879. 

TRANSPORTATION  COMPANIES— combination  be- 
tween prohil)ited,  Art.  12,  Sec.  20,  p.  288. 
fares  and  freights  once  lowered  cannot  be  raised 

without  consent  of  government,  12,  20,  p.  288. 
government    has    power    to    regulate    fares   and 

freights,  12,  20,  p.  288. 
discrimination  as  to  persons  and  places  prohib- 
ited, 12,  21,  p.  281). 
charges  to   way  stations  not  to  exceed  charges 

to  stations  beyond,  12,  21,  p.  289. 
excursion  and  commutation    tickets    may  be  at 

special  rates,  12,  21,  p.  289. 
state  to  be  divided  into  three  districts,  12,  22,  p. 

289. 
a  railroad  commission  to  be  elected,  12,  22,  p.  289. 
salary  and  term  of  office,  12,  22,  p.  289. 
qualification   and   disqualification  for  the  office, 

12,  22,  p.  289. 
act  of  majority  to  be  the  act  of  all.  12,  22,  p.  289. 
powers  and  duties  of  commission.  12,  22,  p.  289. 
power  to  fix  rates  of  fares  and  freights,  12,  22, 

p.  289. 
rates  fixed  deemed  fair  and  reasonable,  12,  22,  p. 

289. 
penalty  for  failure  to  conform  to  rates  as  fixed, 

12,  22,  p.  -289. 
imprisonment  of  officer,  agent,  etc..  12,  22,  p.  289. 
exemi)lary  damages  recoverable,  12.  22,  p.  289. 
TREASON— in  what  consists.  1,  20,  p.  50. 

evidence  necessary  to  convict  of,  1,  20,  p.  50. 
reprieve  and  pardon  in  case  of,  7,  1,  p.  188. 
TREASIJRIOU— subject  to  impeachnu>nt,  4,  IS.  p.  85. 
refunding  moneys,  special  legislation  prohibited, 

4,  25,  p.  99. 
mode  and  time  of  election,  5,  17,  p.  133. 
term  of  office,  5,  17,  p.  133. 
compensation  of,  5,  19,  p.  134. 
to  canvass  returns  on  revision  of  constitution,  18, 

2,  p.  ;J38. 
TREASURY— money,  when  and  how  drawn,  4,  22,  p. 

88. 
members  of  legislature  to  be  paid  out  of,  4,  23, 

p.  91. 
special    statute    cannot    authorize    refunding   ot 

money,  4,  25,  p.  99. 


INDEX   TO    CONSTITUTION   OF   1879.  635 

TRIAL  BY  JURY— right  to,  Art.  1,  Sec.  7,  p.  8. 
three-fourths  may  render  verdict,  1,  7,  p.  8. 
riglit  to  jury  may  be  waived  by  consent,  1,  7,  p.  8. 
in  criminal  cases  not  felonies,  1,  7,  p.  8. 
no  person  to  be  twice  in  jeopardy  of  same  of- 
fense,  1,   13,   p.   17. 
nor  compelled  to  be  witness  against  himself,  1, 
13,  p.  17. 
TRIAL  FOR  LIBEL— evidence  in,  1,  9,  p.  11. 
TRIAL  OF  IMPEACHMENT— 4,  17,  p.  84. 
TRUSTEES— of   corporations   and   companies,   liable 

for  embezzlement,  12,  3,  p.  274. 
TWO-THIRDS    VOTE— required    to    pass    bill    over 
veto,  4,   16,  p.  82. 
for  conviction  on  impeachment,  4,  17,  p.  84. 
for  increasing  or  diminishing  number  of  judges, 

6,   9,   p.    174. 
for  removal  of  justices  and  judges,  6,  10,  p.  175. 
for  removal  of  county  seat,  11,  2,  p.  208. 
on  proposed  amendments  to  constitution,   18,  1, 

p.  337. 
on  revision  of  constitution,  18,  2,  p.  338. 

UNAUTHORIZED  AGREEMENT— null  and  void,  4, 

32,  p.  119. 
UNCULTIVATED  LANDS— at  what  value  assessed, 

13,  2,  p.  308. 
UNDUE    INFLIIENCE— on   elections  prohibited,  20, 

11,  p.  348. 
UNIFORM  OPERATION  OF  GENERAL  LAWS— 1, 

11,  p.  13. 
UNITED  STATES— official  incompetent  to  hold  state 
office,  4,  20,  p.  87. 
property  exempt  from  taxation,  13,  1,  p.  294. 
UNITED  STATES  SENATOR-  governor  ineligible  to 

office  of,  5,  20,  p.  280. 
UNIVERSITY- appropriations,    when    prohibited,  4, 
30,   p.  116.  « 

to  constitute  a  public  trust,  9,  9,  p.  199. 
organization  and  government  of,  9,  9,  p.  199. 
legislative  control  over,  9,  9,  p.  199. 
to  be  independent  of  political  and  sectarian  con- 

ti-ol,  9,  9,  p.  199. 
fund,  how  appropriated,  9.  9,  p.  199. 
sex  not  to  debar  admission  to,  9,  9,  p.  199. 


G36  INDEX   TO   CONSTITUTION   OF   1879. 

USE  OF  STREETS— by  gas  and  water  companies. 
Art.  11,  Sec.  19,  p.  205. 
conditions  of,  11,  19,  p.  265. 

VACANCY— in  legislature,  how  filled,  4,  12,  p.  80. 
in  ottice.  when  tilled  by  governor,  5,  8,  p.  126. 
in  otiice  of  governor,  bow  tilled,  5,  15,  p.  131. 
to  fill  vacancy  in  justices  of  supreme  court,  6,  3, 

p.  143. 
in  superior  coiirt,  6,  0,  p.  170. 
of  state  prison  directors,  how  filled,  10,  1,  p.  204, 
in  board  of  supervisors,   by  whom   filled,   11,  7, 

p.  225.      , 
in  otfice  of  railroad  commission,  12,  22,  p.  289. 
VALIDATING  ACTS— of  deeds,  wills,  etc.,  by  special 

legislation,  prohibited,  4,  25,  p.  99. 
A'ALIDITY— of  statutes,  p.  x. 
when  in  part  invalid,  p.  xiv. 
See  Statutes. 
VENUE— special  acts  to  change  prohibited,  4,  25,  p. 

99. 
VETO— power  of  governor,  4,  10,  p.  285. 

two-thirds    of    members    elected    may    pass    bill 
over,  4,  10,  p.  82. 
VIVA   VOCE— elections   by   legislature   to  be,   4,  28, 

p.   135. 
VOCATION— sex  not    to  discjualify  from  following, 

20,  18,  p.  353. 
VOTE— property  qualification  not  to  be  reciuired,  1, 
24,  p.  53.' 
qualilicalion  for  right  to,  2,  1,  p.  54. 
to  be  by  ballot,  2,  5,  p.  GO. 
on  election  by  legislature  to  be  viva  voce,  4,  28, 

p.  n.">. 

and  entered  on  journal,  4,  2S,  p.  115. 

on  removal  of  county  s(>at,   11.  2,  p.  208. 

two-tliirds  reiiuired,  11.  2.  p.  208. 

on  oi'gani/.ation  of  county  governments,  11,  4,  p. 

211! 
on  city  charter,  how  talcen,  11.  8.  p.  227. 
tln-oo-fiftlis  recpiired.  11,  8.  p.  227. 
corporations  may  cumuljile  or  distril)Ute,  12,  12, 

)x  2S:5. 
to   be  taken  on  creation  of  state  del)t,   10,   1,  p. 

330. 


INDEX   TO   CONSTITUTION   OF   1879.  637 

VOTE— on  proposed  amendment  to  constitution,  Art. 
18,  Sec.  1,  p.  337. 
on  revision  of  constitution,  18,  2,  p.  338. 
VOTERS— property  qualification  not  required,  1,  24, 
p.  53. 
who  are  and  who  are  not,  2,  1.  p.  54. 
privilejie  from  arrest,  2,  2,  p.  57. 
exemption  from  militia  duty,  2,  3,  p.  59. 
residence,  test  qf,  2,  4,  p.  59. 
persons    convicted    of    certain    crimes    disfran- 
chised,  20,   11,   p.   348. 

WAIVP]ll— of  riaht  to  trial  by  jury,  1,  7,  p.  8. 
WARDEN  OF  STATE  TRISON— appointment  of,  10, 
3,  p.  205. 
power  to  appoint  officers  and  employees,   10,  3, 

p.  205. 
duties  to  be  defined  by  legislature,  10,  5,  p.  206. 
WARRANTS— of  arrest,  issuance  of,  1,  19,  p.  50. 
WATER— right  to  introduce  into  cities,  etc.,  11,  19,  p. 

2fio. 
WATER  AND  WATER  RIGHTS— 14,  1,  p.  .321. 

appropriation  declared  a  public  use,  14,  1,  p.  .321. 
subject  to  regulation  and  control  of  state,  14,  1, 

p.  321. 
rates  to  be  fixed  by  supervisors  annually,  14,  1, 

p.  321. 
order,  when  to  take  effect,  14,  1,  p.  ,321. 
peremptory  process  on  failure  to  fix  rates,  14,  1, 

p.  .321. 
forfeiture  of  franchise  for  collecting  otlier  than 

established  rates,  14,  1,  p.  321. 
right  to  collect  rates  a  franchise,  14,  2,  p.  .326. 
.  to  be  exercised  under  authority  of  law,  14,  2,  p. 
326. 
WATER    COMPANIES— in  cities,  right  to  regulate 

charges,  11,  19,  p.  265. 
WATER    FRANCHISE— when    liable    to    forfeiture, 

14,  1.  p.  .321. 
WATER    RATES— in  cities  and    towns,  to  be  fixed 
annually  by  supervisors,  14,  1.  p.  321. 
forfeiture  for  excessive  charges,  14,  1,  p.  321. 
WATER  WORKS— sjrouud  of  forfeiture,  14.  1,  p.  .321. 
WATERING    STOCKS— by  fictitious  increase,  void, 
12,  11,  p.  282. 
Constitution— ,54 


G38  INDEX    TO   CONSTITUTION   OF   1879. 

WHARFAGP]— charges    to  be  regulated    by  legisla- 
tion, Art.  4,  Sec.  33,  p.  121. 
WIFE  -separate  property  of,  20.  8,  p.  347. 
WILLS— cannot  be  validated  by  special  acts,  4,  25, 

p.  99. 
WITNESS— no  religious  restrictions,  1,  4,  p.  6. 
not  to  be  unreasonably  detained,  1,  6,  p.  7. 
nor  coiitined  witli  criminals,  1,  6,  p.  7. 
deposition  of  In  criminal  cases,  1,  13,  p.  17. 
riglit  of  accused  to  have,  1,  13,  p.  17. 
no  person  to  be  compelled  to  testify  against  him- 
self, 1,  13,  p.  17. 
concurrence  necessary  in  treason,  1,  20,  p.  50. 
WRITS— appellate  jurisdiction  of  supreme  court,  6, 
4,  p.  144. 
where  returnable,  6,  4,  p.  144. 
original  .iurisdiction  of  superior  court,  6,  5.  p.  1.54. 
unaffected  by  adoption  of   new  constitution,  22, 
2,  p.  361. 

YEAS  AND  NAYS— to  be  taken  on  final  pas.sage  of 
bills,  4.  1.5,  p.  81. 
to  l)e  entered  on  minutes,  4,  15,  p.  81. 
to  be  taken   on   vote  on   proposed  amendments, 
18.  1.  p.  .337. 
YUBA— a  superior  judge  to  be  elected,  6,  6,  p.  170. 
salary  of  judge,  6,  17,  p.  182. 


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